# KRS § 411.061: 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.061

## Section

- **Citation:** KRS § 411.061
- **Heading:** 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XXXVI / Chapter 411 / Section 411.061

## Text

411.061 Actions against a radio or television broadcasting station for damages for

publication of a defamatory statement -- Definitions.

(1) 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.

(2) 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.

(3) 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.

(4) 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."

(5) 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."

(6) "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.

## Nearby sections

- [KRS § 411.010 411.010 Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.010.md)
- [KRS § 411.020 411.020 Battery with certain weapons -- Punitive damages](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.020.md)
- [KRS § 411.025 411.025 Action against terrorist for injury to person or property -- Damages](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.025.md)
- [KRS § 411.030 411.030 Action for seduction -- Proof](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.030.md)
- [KRS § 411.040 411.040 Accusation of incest, fornication or adultery -- Proof of damage](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.040.md)
- [KRS § 411.045 411.045 Defenses allowed in action for libel or slander](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.045.md)
- [KRS § 411.051 411.051 Libel actions against newspaper, magazine, or periodical -- Demand for and publication of correction -- Effect](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.051.md)
- [KRS § 411.060 411.060 Action for libel -- Privileged communications](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.060.md)
- [KRS § 411.061 411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.061.md)
- [KRS § 411.062 411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.062.md)
- [KRS § 411.065 411.065 Action for disseminating personally identifying information -- Exemption of service providers](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.065.md)
- [KRS § 411.067 411.067 Action against operator of unmanned aircraft system](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.067.md)
- [KRS § 411.070 411.070 Liability for falsely stating financial condition](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.070.md)
- [KRS § 411.080 411.080 Wrongful distress or attachment -- Reparation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.080.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXXVI_C411_S411.061. Check the current official text before relying on it. Not legal advice.
