**Victoria Burke** joined "The [**Megyn Kelly**](https://www.tmz.com/people/megyn-kelly/)** **Show" Tuesday and explained why she believes Lively's use of the law goes beyond its original intent. She also details why she says it was never meant to block every defamation claim.

Burke wrote the law after learning she could be sued for defamation if she spoke publicly about her own sexual assault. She then spent more than a year researching lawsuits against survivors before taking the proposal to lawmakers.

According to Burke, the law was crafted to protect people who come forward with allegations of sexual assault, harassment, and discrimination -- not to eliminate access to the courts for those who claim they've been falsely accused.

She says the bill was refined with input from advocacy groups and the ACLU to strike that balance, pointing to the [**Johnny Depp**](https://www.tmz.com/people/johnny-depp/)\-[**Amber Heard**](https://www.tmz.com/people/amber-heard/)** **case as an example of a defamation claim she believes still could have succeeded under the law.

Now, Burke says she's surprised to see the legislation being invoked in the bitter Lively-Baldoni legal war ... arguing the law's original intent is getting lost in the process.

Her criticism adds a notable voice to the debate ... especially since it's coming from the woman who authored the very law at the center of the legal battle.

Victoria Burke Speaks out Against Blake Lively: Blake Lively’s Legal Strategy Draws Criticism From WOMAN BEHIND CA SURVIVOR LAW - TMZ