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Published Information Gleaned from Court Submission Privileged

The First Department determined that news articles based upon papers filed in court proceedings were privileged pursuant to Civil Rights Law section 74:

Defendants moved to dismiss the complaint on the ground that all of the published material was absolutely privileged under Civil Rights Law § 74, which protects “the publication of a fair and true report of any judicial proceeding.” Supreme Court granted the motion, and we affirm.

It is undisputed that all statements claimed to be libelous are part of a “report of [a] judicial proceeding” (Civil Rights Law § 74) since the article reports on court papers, i.e., the FBI affidavit. Russian Am Found Inc v Daily News LP, 2013 NY Slip Op 05549, 1st Dept 8-6-13

 

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