Actions involving public petition and participation; when actual malice to be proven

§ 76-a. Actions involving public petition and participation; when\nactual malice to be proven. 1. For purposes of this section:\n (a) An "action involving public petition and participation" is a claim\nbased upon:\n (1) any communication in a place open to the public or a public forum\nin connection with an issue of public interest; or\n (2) any other lawful conduct in furtherance of the exercise of the\nconstitutional right of free speech in connection with an issue of\npublic interest, or in furtherance of the exercise of the constitutional\nright of petition.\n (b) "Claim" includes any lawsuit, cause of action, cross-claim,\ncounterclaim, or other judicial pleading or filing requesting relief.\n (c) "Communication" shall mean any statement, claim, allegation in a\nproceeding, decision, protest, writing, argument, contention or other\nexpression.\n (d) "Public interest" shall be construed broadly, and shall mean any\nsubject other than a purely private matter.\n 2. In an action involving public petition and participation, damages\nmay only be recovered if the plaintiff, in addition to all other\nnecessary elements, shall have established by clear and convincing\nevidence that any communication which gives rise to the action was made\nwith knowledge of its falsity or with reckless disregard of whether it\nwas false, where the truth or falsity of such communication is material\nto the cause of action at issue.\n 3. Nothing in this section shall be construed to limit any\nconstitutional, statutory or common law protections of defendants to\nactions involving public petition and participation.\n