2014 Kentucky Revised Statutes CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions.
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411.061 Actions against a radio or television broadcasting station for
damages for publication of a defamatory statement -- Definitions.
(1)
(2)
(3)
(4)
(5)
(6)
In any action against a radio or television broadcasting station for damages for
the publication of a defamatory statement by a visual or sound radio broadcast,
the plaintiff shall recover no more than special damages unless he shall allege
and prove that he made a sufficient demand for correction and that the radio or
television broadcasting station failed to make conspicuous and timely
publication of said 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 true 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 of the plaintiff's
statement of the true 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 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 visual or sound radio broadcast is a
publication which is broadcast at substantially the same time of day, and with
the same sending power, as the statement or statements specified as false and
defamatory in the demand for correction. A publication in a particular manner
which is agreeable to the plaintiff shall in any event be deemed "conspicuous."
A "timely publication" in a visual or sound radio broadcast is a publication
within one business day after the day on which a sufficient demand for
correction is received by the defendant. A "business day" is any day other than
a Sunday or legal holiday. A publication on a particular day which is agreeable
to the plaintiff shall in any event be deemed "timely."
"Special damages" are pecuniary damages which the plaintiff alleges and
proves that he has suffered in respect to his property, business, trade,
profession, or occupation (including such amounts of money as the plaintiff
alleges and proves he has expended as a proximate result of the alleged
defamation), and no other.
Effective:May 18, 1956
History: Created 1956 Ky. Acts ch. 43, sec. 1(1), effective May 18, 1956.
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