Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 11 of 22 In sum, the Restatement factors weigh in favor of applying New York law, and so the Court will apply New York law to determine whether BuzzFeed can rely on the fair report and the neutral report privileges in this case. 5 B. Fair Report Privilege 1. Overview The fair report privilege is codified in New York Civil Rights Law section 74, which reads: 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. This section does 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. The purpose of this statute is to protect reports of proceedings which are “made in the public interest.” Williams v. Williams, 23 N.Y.2d 592, 599 (N.Y. 1969). The press acts as the agent of the public, gathering and compiling diffuse information in the public domain. The press also provides the public with the information it needs to exercise oversight of the government, and with information concerning the public welfare. The fair report privilege exists to protect the press as it carries out these functions. See, e.g., Reuber v. Food Chem. News, Inc., 925 F.2d 5 At this time, the Court does not decide what law governs the elements of Plaintiffs’ defamation claim. 11