Amy G. Gore—Senior Attorney
The Virginia General Assembly has extended a grant of immunity from liability for certain otherwise defamatory statements in an amendment to Va. Code § 8.01-223.2 (Westlaw 2018). Previously, the anti-SLAPP (strategic lawsuit against public participation) statute extended immunity to claims for tortious interference with contract and similar theories when brought over a statement made at a public hearing or similar proceeding. Such statements were subject to an immunity defense unless uttered with knowledge of falsity or reckless disregard of falsity. The amendment makes two significant changes.
First, the type of claims to which the statutory immunity applies now include common law defamation claims and will protect any statements "regarding matters of public concern that would be protected under the First Amendment [and that] are communicated to a third party." Va. Code Ann. § 8.01-223.2 (A). Second, exempt from the grant of statutory immunity are statements made with the actual or constructive knowledge of their falsity, the standard currently applicable to determinations of privilege.Read More