2011 Kentucky Revised Statutes CHAPTER 411 RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.051 Libel actions against newspaper, magazine, or periodical -- Demand for and publication of correction -- Effect.
KY Rev Stat § 411.051 (1996 through Reg Sess) What's This?
411.051 Libel actions against newspaper, magazine, or periodical -- Demand for
and publication of correction -- Effect.
(1)
(2)
(3)
(4)
(5)
In any action for damages for the publication of a defamatory statement in a
newspaper, magazine, or periodical, the defendant shall be liable for actual damages
sustained by plaintiff. The defendant may plead the publication of a correction in
mitigation of damages. Punitive damages may be recovered only if the plaintiff
shall allege and prove publication with legal malice and that the newspaper,
magazine, or periodical failed to make conspicuous and timely publication of a
correction after receiving a sufficient demand for correction.
A "sufficient demand for correction" is a demand for correction which is in writing;
which is signed by the plaintiff or his duly-authorized attorney or agent; which
specifies the statement or statements claimed to be false and defamatory, states
wherein they are false, and sets forth the facts; and which is delivered to the
defendant prior to the commencement of the action.
A "correction" is either:
(a) The publication of an acknowledgment that the statement or statements
specified as false and defamatory in the plaintiff's demand for correction are
erroneous; or
(b) The publication, in a fair and impartial manner as a matter of law, of the
plaintiff's statement of the facts (as set forth in his demand for correction) or a
fair summary thereof, exclusive of any portions thereof which are defamatory
of another, obscene, or otherwise improper for publication.
If the demand for correction has specified two (2) or more statements as false and
defamatory, the correction may deal with some of such statements pursuant to (a)
above and with other of such statements pursuant to (b) above.
A "conspicuous publication" in a newspaper is a publication which is printed in
substantially as conspicuous a manner as the statement or statements specified as
false and defamatory in the demand for correction.
A "timely publication" in a daily newspaper is a publication within ten (10) business
days after the day on which a sufficient demand for correction is received by the
defendant. A "timely publication" in a newspaper, magazine, or periodical other
than a daily newspaper is a publication in or prior to the next regular issue which is
published not less than ten (10) business days after the day on which a sufficient
demand for correction is received by the defendant.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 202, sec. 3, effective July 15, 1996. -- Created
1964 Ky. Acts ch. 66, sec. 1.
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