Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 12 of 22 703, 714 (4th Cir. 1991) (holding that the privilege exists so that the press is not punished for serving its basic function). Section 74 differs slightly from the traditional common law iteration of the fair report privilege, which protects only proceedings that are open to the public. See, e.g., Restatement (Second) of Torts § 611 (1977) (“As in the case of the report of official proceedings, the purpose of the privilege is to protect those who make available to the public information concerning public events that concern or affect the public interest and that any member of the public could have acquired for himself by attending them.”); Hogan, 84 A.D.2d at 446 (“Generally stated, the common-law rule of fair report permits the privileged publication of (1) the public proceedings of governmental bodies . . . .”) (emphasis added). New York courts have extended the term “official proceeding” to cover any official investigation even if it is not open to the public. See, e.g., Freeze Right Refrigeration & Air Conditioning Servs., Inc. v. City of New York, 101 A.D.2d 175, 475 N.Y.S.2d 383 (1984) (New York City Department of Consumer Affairs investigation); Fine v. ESPN, Inc., 11 F. Supp. 3d 209 (N.D.N.Y. 2014) (“New York courts have broadly interpreted the meaning of an official proceeding as used in Section 74”) (collecting cases; internal quotations omitted); Test Masters, 603 F.Supp.2d 584 (New York Consumer Protection Board investigation); Easton v. Public Citizens, Inc., No. 91 Civ. 1639, 1991 WL 280688, at *1 (S.D.N.Y. Dec. 26, 1991) (New York State Commission on Quality of Care for the Mentally Disabled investigation), aff’d, 969 F.2d 1043 (2d Cir.1992); Muscarella v. Berkshire Hathaway, Inc., 278 A.D.2d 854, 721 N.Y.S.2d 432, 433 (2000) (federal agency audit); Baumann v. Newspaper Enters., 270 A.D. 825, 60 N.Y.S.2d 185 (1946) (District Attorney investigation); Ibrahim v. Fox Television Stations, Inc., 32 Misc.3d 1223(A), No. 109370, 2011 WL 3198879, at *2 (N.Y.Sup.Ct. July 21, 2011) (UN 12