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

§ 76-a. Actions involving public petition and participation; when
actual malice to be proven. 1. For purposes of this section:

(a) An "action involving public petition and participation" is a claim
based upon:

(1) any communication in a place open to the public or a public forum
in connection with an issue of public interest; or

(2) any other lawful conduct in furtherance of the exercise of the
constitutional right of free speech in connection with an issue of
public interest, or in furtherance of the exercise of the constitutional
right of petition.

(b) "Claim" includes any lawsuit, cause of action, cross-claim,
counterclaim, or other judicial pleading or filing requesting relief.

(c) "Communication" shall mean any statement, claim, allegation in a
proceeding, decision, protest, writing, argument, contention or other
expression.

(d) "Public interest" shall be construed broadly, and shall mean any
subject other than a purely private matter.

2. In an action involving public petition and participation, damages
may only be recovered if the plaintiff, in addition to all other
necessary elements, shall have established by clear and convincing
evidence that any communication which gives rise to the action was made
with knowledge of its falsity or with reckless disregard of whether it
was false, where the truth or falsity of such communication is material
to the cause of action at issue.

3. Nothing in this section shall be construed to limit any
constitutional, statutory or common law protections of defendants to
actions involving public petition and participation.