{"data":{"id":"us-ky/krs-411.061","jurisdiction":"us-ky","citation":"KRS 411.061","heading":"Actions against a radio or television broadcasting station for damages for","body":"publication of a defamatory statement -- Definitions.\n(1) In any action against a radio or television broadcasting station for damages for the\npublication of a defamatory state ment by a visual or sound radio broadcast, the\nplaintiff shall recover no more than special damages unless he shall allege and\nprove that he made a sufficient demand for correction and that the radio or\ntelevision broadcasting station failed to make conspicuous and timely publication of\nsaid correction.\n(2) A \"sufficient demand for correction\" is a demand for correction which is in writing;\nwhich is signed by the plaintiff or his duly authorized attorney or agent; which\nspecifies the statement or statement s claimed to be false and defamatory, states\nwherein they are false, and sets forth the true facts; and which is delivered to the\ndefendant prior to the commencement of the action.\n(3) A \"correction\" is either (a) the publication of an acknowledgment that  the statement\nor statements specified as false and defamatory in the plaintiff's demand for\ncorrection are erroneous, or (b) the publication of the plaintiff's statement of the true\nfacts (as set forth in his demand for correction) or a fair summary there of, exclusive\nof any portions thereof which are defamatory of another, obscene, or otherwise\nimproper for publication. If the demand for correction has specified two or more\nstatements as false and defamatory, the correction may deal with some of such\nstatements pursuant to (a) above and with other of such statements pursuant to (b)\nabove.\n(4) A \"conspicuous publication\" in a visual or sound radio broadcast is a publication\nwhich is broadcast at substantially the same time of day, and with the same sending\npower, as the statement or statements specified as false and defamatory in the\ndemand for correction. A publication in a particular manner which is agreeable to\nthe plaintiff shall in any event be deemed \"conspicuous.\"\n(5) A \"timely publication\" in a vis ual or sound radio broadcast is a publication within\none business day after the day on which a sufficient demand for correction is\nreceived by the defendant. A \"business day\" is any day other than a Sunday or legal\nholiday. A publication on a particular day which is agreeable to the plaintiff shall in\nany event be deemed \"timely.\"\n(6) \"Special damages\" are pecuniary damages which the plaintiff alleges and proves\nthat he has suffered in respect to his property, business, trade, profession, or\noccupation (including such amounts of money as the plaintiff alleges and proves he\nhas expended as a proximate result of the alleged defamation), and no other.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17759","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:34Z","sha256":"a7acfa7b74fb81dc140365440f4851a772c54a21c40e57e55ed367bc2940802c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.060","next":"us-ky/krs-411.062"},"notice":"GroundRules: Original legal text. Not legal advice."}