Defamation and Online Harassment Laws in New York

Defamation in New York is mostly a common law claim shaped by court decisions. A plaintiff generally has to show a false statement, published to a third party without privilege or authorization, made with at least negligence, that either caused special harm or counts as defamation per se. Statutes add specific rules, such as the one-year filing deadline, the fair report privilege and the anti-SLAPP provisions.

Sources1Digital Media Law Project, New York Defamation Law (citing Dillon v. City of New York, 261 A.D.2d 34 (1999))2N.Y. C.P.L.R. § 215(3)3N.Y. Civil Rights Law § 744N.Y. Civil Rights Law § 76-a

New York's current Penal Law has no article covering libel, slander or defamation, so false statements about a person are handled through civil lawsuits. Some related online conduct can still be a crime, such as threatening electronic messages or stalking. In People v. Golb, the state's highest court struck down an older aggravated harassment provision as vague and overbroad, and in 2014 the Legislature replaced it with a narrower version focused on threats.

Sources5N.Y. Penal Law (table of articles), NY State Senate6N.Y. Senate Bill S7869 (2013-2014 session), signed as Chapter 188 of 2014; sponsor memo discusses People v. Golb

A libel or slander lawsuit in New York must be started within one year. New York follows the single publication rule, so for online content the clock generally starts when the material first appears online, although a republication, such as altering the content, can start a new period.

Sources2N.Y. C.P.L.R. § 215(3)1Digital Media Law Project, New York Defamation Law (citing Gregoire v. G.P. Putnam's Sons, 298 N.Y. 119 (1948), and Firth v. State, 775 N.E.2d 463 (N.Y. 2002))

Related guide: Statute of limitations for defamation in every state

Slander usually requires proof of special damages, meaning the loss of something with economic or financial value. The exception is slander per se, which covers statements that accuse someone of a serious crime, harm them in their trade, business or profession, claim they have a loathsome disease, or impute unchastity to a woman. A statute separately confirms that special damages are not required for slander imputing unchastity to a woman.

Sources7Liberman v. Gelstein, 80 N.Y.2d 429 (1992)8N.Y. Civil Rights Law § 77

Related guide: What defamation per se means

New York's anti-SLAPP law covers claims based on statements made in a public place or public forum about an issue of public interest, or other lawful conduct supporting free speech or petition on such an issue. Public interest is read broadly as any subject other than a purely private matter. In those cases the plaintiff must prove actual malice by clear and convincing evidence to recover damages, a motion to dismiss must be granted unless the claim has a substantial basis in law and generally pauses discovery, and the defendant can seek costs and attorney's fees if the suit was brought or continued without a substantial basis in fact and law.

Sources4N.Y. Civil Rights Law § 76-a9N.Y. Civil Rights Law § 70-a10N.Y. C.P.L.R. 3211(g)

Related guide: Anti-SLAPP laws by state

The libel and slander provisions of New York's Civil Rights Law include no section requiring a plaintiff to demand a retraction before suing. Instead, a defendant may prove mitigating circumstances, such as the sources of the information and the grounds for believing it, to reduce the damages awarded.

Sources11N.Y. Civil Rights Law, Article 7 (sections 70 to 79-q)12N.Y. Civil Rights Law § 78

Only statements of fact can be defamatory, and New York's constitution protects opinion more broadly than federal law, looking at whether the words have a precise meaning, can be proven true or false, and read as opinion in context. Other defenses include a statutory privilege for fair and true reports of official proceedings and a qualified common-interest privilege that malice can defeat. Public officials and public figures must prove actual malice, while a private person suing over a matter of legitimate public concern must show the publisher acted in a grossly irresponsible way.

Sources13Gross v. New York Times Co., 82 N.Y.2d 146 (1993)3N.Y. Civil Rights Law § 747Liberman v. Gelstein, 80 N.Y.2d 429 (1992)14New York Times Co. v. Sullivan, 376 U.S. 254 (1964)15Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)1Digital Media Law Project, New York Defamation Law (citing Chapadeau v. Utica Observer-Dispatch (1975))

New York has no separate cyberstalking crime, but stalking in the fourth degree, a class B misdemeanor, covers an intentional course of conduct with no legitimate purpose aimed at a specific person. It applies when the conduct is likely to cause reasonable fear of harm, or when repeated following, calls or other contact continue after the person was clearly told to stop and cause significant emotional harm or fear for their job. Following includes unauthorized tracking with GPS or other devices.

Source16N.Y. Penal Law § 120.45

Related guide: Cyberstalking laws explained

Aggravated harassment in the second degree makes it a class A misdemeanor to send a threat of physical harm or unlawful property damage by phone, computer or other electronic means, or by mail, with intent to harass and knowing it will cause reasonable fear. Harassment in the second degree, a violation, covers repeated acts or a course of conduct meant to harass, annoy or alarm that alarm or seriously annoy another person and serve no legitimate purpose.

Sources17N.Y. Penal Law § 240.3018N.Y. Penal Law § 240.26

Related guide: Online harassment laws explained

Sharing an intimate image of an identifiable person without consent, with intent to harm them, is a class A misdemeanor, and the law also covers realistic images created or altered by digital means. Victims can also sue for damages, attorney's fees and a court order requiring a website to remove the image, generally within three years of the posting or one year after discovering it, whichever is later.

Sources19N.Y. Penal Law § 245.1520N.Y. Civil Rights Law § 52-b