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Assembly Bill A10659

2023-2024 Legislative Session

Establishes a cause of action for publicity given to private life

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Archive: Last Bill Status - In Assembly Committee

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2023-A10659 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Add §50-h, Civ Rts L
Versions Introduced in 2025-2026 Legislative Session:
A378

2023-A10659 (ACTIVE) - Summary

Establishes a cause of action against any person who gives publicity to a matter concerning the private life of a person where the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public.

2023-A10659 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10659
 
                           I N  A S S E M B L Y
 
                               July 22, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the civil rights law,  in  relation  to  establishing  a
   cause of action for publicity given to private life
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by  adding  a  new  section
 50-h to read as follows:
   §  50-H.  PUBLICITY  GIVEN  TO  PRIVATE LIFE. 1. A PERSON SHALL HAVE A
 CAUSE OF ACTION AGAINST ANY PERSON  WHO  GIVES  PUBLICITY  TO  A  MATTER
 CONCERNING  THE  PRIVATE  LIFE OF SUCH PRINCIPAL PERSON WHERE THE MATTER
 PUBLICIZED IS OF A KIND THAT WOULD BE HIGHLY OFFENSIVE TO  A  REASONABLE
 PERSON AND IS NOT OF LEGITIMATE CONCERN TO THE PUBLIC.
   2.  IN  ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION, THE FINDER OF FACT, IN ITS  DISCRETION,  MAY  AWARD  INJUNCTIVE
 RELIEF,  PUNITIVE  DAMAGES,  COMPENSATORY  DAMAGES  AND REASONABLE COURT
 COSTS AND ATTORNEY'S FEES.
   3. FOR PURPOSES OF THIS  SECTION,  "PUBLICITY"  SHALL  MEAN  THAT  THE
 MATTER IS MADE PUBLIC, BY COMMUNICATING IT TO THE PUBLIC AT LARGE, OR TO
 SO  MANY  PERSONS  THAT  THE  MATTER  MUST  BE REGARDED AS SUBSTANTIALLY
 CERTAIN TO BECOME ONE OF PUBLIC KNOWLEDGE. THE  TERM  "PUBLICITY"  SHALL
 ALSO  MEAN  THAT THE MATTER IS SHARED TO A SPECIFIC GROUP OF PERSONS WHO
 HAVE A SPECIAL RELATIONSHIP TO THE INDIVIDUAL WHOSE  MATTER  WAS  PUBLI-
 CIZED.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15926-01-4

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