The Los Angeles County Superior Court recently granted an anti-SLAPP motion brought by the defendant, MBC Broadcasting, Inc. (MBC), in a defamation suit based on news broadcasts by MBC. MBC broadcast four news stories regarding allegations of improper corporal punishment and child abuse at Young Youth Core Academia (YYCA), an after-school academic program for children owned and operated by Helen Byon in the Koreatown area of Los Angeles. Following the broadcasts, Ms. Byon and her son (Plaintiffs) sued MBC for alleged defamatory statements. MBC subsequently filed a special motion to strike Plaintiffs’ claims pursuant to California Civil Procedure Code section 425.16, California’s anti-SLAPP statute.
Courts engage in a two-step process when considering an anti-SLAPP motion. On prong one, the defendant is required to make a “prima facie showing” that the plaintiff’s causes of action arise from a protected activity, which includes the defendant’s right of petition or free speech in connection with a public issue. Once the defendant makes a prima facie showing, the court proceeds to prong two. There, the burden shifts to the plaintiff to demonstrate a reasonable probability of prevailing on the merits of the complaint.
The Court first held that MBC satisfied prong one because “news reporting on the serious topic of child abuse is an exercise of speech concerning an issue of public interest.” Therefore, MBC’s broadcasts constituted protected activity under section 425.16.
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