S T A T E O F N E W Y O R K
________________________________________________________________________
6034
2021-2022 Regular Sessions
I N S E N A T E
March 30, 2021
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to libel and defama-
tion actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 74 of the civil rights law, as added by chapter 310
of the laws of 1962, is amended to read as follows:
§ 74. Privileges in action for libel OR DEFAMATION. 1. (A) A civil
action cannot be maintained against any person, firm or corporation, for
the publication of a fair and true report of any judicial proceeding,
legislative proceeding or other official proceeding, or for any heading
of the report which is a fair and true headnote of the statement
published.
(B) This section does not apply to a libel contained in any other
matter added by any person concerned in the publication; or in the
report of anything said or done at the time and place of such a proceed-
ing which was not a part thereof.
2. NO CAUSE OF ACTION FOR DEFAMATION CAN BE MAINTAINED BY ANY PERSON
OR ENTITY, AGAINST ANY PERSON OR ENTITY, WHERE THE SUBJECT OF SUCH
ACTION INCLUDES A PROTECTED ALLEGATION, WHETHER SUCH PROTECTED ALLEGA-
TION IS FORMAL OR INFORMAL, ORAL OR IN WRITING. "PROTECTED ALLEGATION"
SHALL MEAN AN ALLEGATION MADE TO AN EMPLOYER OR ITS AGENT BY A PERSON
PROTECTED BY THE NEW YORK STATE HUMAN RIGHTS LAW OR NEW YORK CITY HUMAN
RIGHTS LAW, OR SUCH PERSON'S AGENT, OF (A) AN UNLAWFUL DISCRIMINATORY
PRACTICE AS DEFINED BY THE NEW YORK STATE HUMAN RIGHTS LAW OR NEW YORK
CITY HUMAN RIGHTS LAW, WHERE SUCH ALLEGATION RELATES TO EMPLOYMENT, OR
(B) EMPLOYMENT DISCRIMINATION (INCLUDING RETALIATION) PROHIBITED BY ANY
FEDERAL, STATE, OR LOCAL LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10577-02-1