In the actions for libel or slander, the defendant may state the truth of the alleged libel or
slander, and any mitigating circumstances; and, whether he prove the justification or not,
he may prove the mitigating circumstances to reduce the amount of damages.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 124.
Notes of Decisions
Keel v. St. Elizabeth Med. Ctr., 842 S.W.2d 860 (Ky. 1992).
· cites it 2× “090 (champerty *865 as a defense to adverse possession), KRS 411.045 (truth as a defense to defamation); as do statutes which shift the burden, e.”
Creusere v. Baker, No. 2:21-cv-00017 (E.D. Ky. June 5, 2023).
· cites it 2× “Defendants’ second argument as to why the superintendent’s report doesn’t constitute defamation is that the report said that Creusere was fired, which was true, and under Ky. Rev. Stat. § 411.045, truth is a complete defense to a defamation claim.”
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