Kentucky Revised Statutes

Ky. Rev. Stat. § 411.045 (2026)

Defenses allowed in action for libel or slander

✓ current as of May 2026

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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

Cited in 2 cases (1 in the last 5 years), 1992–2023 · leading case: Keel v. St. Elizabeth Med. Ctr., 842 S.W.2d 860 (Ky. 1992).

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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 (E.D. Ky. 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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