(1) Any person who in furtherance of such person's right of free speech or petition under the Tennessee or United States Constitution in connection with a public or governmental issue communicates information regarding another person or entity to any agency of the federal, state or local government regarding a matter of concern to that agency shall be immune from civil liability on claims based upon the communication to the agency.
(2) The immunity conferred by this section shall not attach if the person communicating such information: Knew the information to be false;
(3) Communicated information in reckless disregard of its falsity; or
(4) Acted negligently in failing to ascertain the falsity of the information if such information pertains to a person or entity other than a public figure.
(5) A person prevailing upon the defense of immunity provided for in this section shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense.