S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7506
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to privileged communi-
   cations in defamation 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]  SUBDIVISION  SHALL  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 proceeding which was not a part thereof.
   2. (A) A COMMUNICATION MADE BY AN INDIVIDUAL, WITHOUT MALICE,  REGARD-
 ING  AN  INCIDENT OF SEXUAL ASSAULT, HARASSMENT, OR DISCRIMINATION SHALL
 BE DEEMED PRIVILEGED.
   (B) A PREVAILING DEFENDANT IN ANY DEFAMATION  ACTION  BROUGHT  AGAINST
 SUCH DEFENDANT FOR MAKING A COMMUNICATION THAT IS PRIVILEGED UNDER PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION  SHALL BE ENTITLED TO THEIR REASONABLE
 ATTORNEY'S FEES AND COSTS FOR SUCCESSFULLY DEFENDING THEMSELVES IN  SUCH
 LITIGATION, PLUS TREBLE DAMAGES FOR ANY HARM CAUSED TO THEM BY THE DEFA-
 MATION ACTION AGAINST THEM, IN ADDITION TO PUNITIVE DAMAGES AVAILABLE OR
 ANY OTHER RELIEF OTHERWISE PERMITTED BY LAW.
   (C) THIS SUBDIVISION SHALL ONLY APPLY TO AN INDIVIDUAL THAT HAS, OR AT
 ANY  TIME HAD, A REASONABLE BASIS TO FILE A COMPLAINT OF SEXUAL ASSAULT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11146-01-3
 A. 7506                             2
              

 
 HARASSMENT, OR DISCRIMINATION, WHETHER THE COMPLAINT IS, OR  WAS,  FILED
 OR NOT.
   (D) FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNICATION" MEANS FACTU-
 AL  INFORMATION RELATED TO AN INCIDENT OF SEXUAL ASSAULT, HARASSMENT, OR
 DISCRIMINATION EXPERIENCED BY THE INDIVIDUAL MAKING  THE  COMMUNICATION,
 INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (1) AN ACT OF SEXUAL ASSAULT;
   (2) AN ACT OF SEXUAL HARASSMENT;
   (3)  AN  ACT  OF  WORKPLACE  HARASSMENT  OR DISCRIMINATION, FAILURE TO
 PREVENT AN ACT OF WORKPLACE HARASSMENT OR DISCRIMINATION, AIDING,  ABET-
 TING,  INCITING,  COMPELLING, OR COERCING AN ACT OF WORKPLACE HARASSMENT
 OR DISCRIMINATION, OR AN ACT OF RETALIATION AGAINST A PERSON FOR REPORT-
 ING OR OPPOSING WORKPLACE HARASSMENT OR DISCRIMINATION; OR
   (4) AN ACT OF HARASSMENT OR DISCRIMINATION, OR AN ACT  OF  RETALIATION
 AGAINST  A  PERSON  FOR  REPORTING  HARASSMENT OR DISCRIMINATION, BY THE
 OWNER OF A HOUSING ACCOMMODATION.
   § 2. This act shall take effect immediately.