Ky. Rev. Stat. » Chapter 411
Kentucky Revised Statutes

Ky. Rev. Stat. § 411.051 (2026)

Libel actions against newspaper, magazine, or periodical -- Demand for

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and publication of correction -- Effect.

(1) In any action for damages for the publication of a defamatory statement in a newspaper, magazine, or periodical, the defendant shall be liable for actual damages sustained by plaintiff. The defendant may plead the publication of a correction in mitigation of damages. Punitive damages may be recovered only if the plaintiff shall allege and prove publication with legal malice and that the newspaper, magazine, or periodical failed to make conspicuous and timely publication of a correction after receiving a sufficient demand for 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 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, in a fair and impartial manner as a matter of law, of the plaintiff's statement of the 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 (2) 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 newspaper is a publication which is printed in substantially as conspicuous a manner as the statement or statements specified as false and defamatory in the demand for correction.

(5) A "timely publication" in a daily newspaper is a publication within ten (10) business days after the day on which a sufficient demand for correction is received by the defendant. A "timely publication" in a newspaper, magazine, or periodical other than a daily newspaper is a publication in or prior to the next regular issue which is published not less than ten (10) business days after the day on which a sufficient demand for correction is received by the defendant. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 202, sec. 3, effective July 15, 1996. -- Created 1964 Ky. Acts ch. 66, sec. 1.

Notes of Decisions
Cited in 6 cases, 1978–1996 · leading case: White v. Manchester Enter., Inc., 910 F. Supp. 311 (E.D. Ky. 1996).
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White v. Manchester Enter., Inc., 910 F. Supp. 311 (E.D. Ky. 1996). · cites it 8× “In a previous opinion, this court held that KRS 411.051 was applicable to this case. White v.”
White v. Manchester Enter., Inc., 871 F. Supp. 934 (E.D. Ky. 1994). · cites it 8× “§ 411.051 bars plaintiff from recovering punitive damages.”
Warford v. Lexington Herald-Leader Co., 789 S.W.2d 758 (Ky. 1990). · cites it 2× “” KRS 411.051. The Court in Gertz also noted a key distinction between public and private plaintiffs.”
McCall v. Courier-Journal & Louisville Times Co., 623 S.W.2d 882 (Ky. 1981). “With respect to punitive damages, see KRS 411.051(1). 7 . Foster-Milbum Co. v. Chinn, 134 Ky.”
E. W. Scripps Co. v. Cholmondelay, 569 S.W.2d 700 (Ky. Ct. App. 1978). “Because the article was defamatory per se, appellants’ argument that the reasonably prudent editor and publisher were not warned of the article’s defamatory potential is without substance.”
O'BRIEN v. Williamson Daily News, 735 F. Supp. 218 (E.D. Ky. 1990). “Although the summary judgment motions do not address this issue, the plaintiffs in this diversity action have claimed that KRS 411.051 is violative of § 14 of the Kentucky Constitution.”
Ky. Rev. Stat. § 411.051(1): 2 cases
McCall v. Courier-Journal & Louisville Times Co., 623 S.W.2d 882 (Ky. 1981). “With respect to punitive damages, see KRS 411.051(1). 7 . Foster-Milbum Co. v. Chinn, 134 Ky.”
White v. Manchester Enter., Inc., 871 F. Supp. 934 (E.D. Ky. 1994). “§ 411.051 bars plaintiff from recovering punitive damages.”
Ky. Rev. Stat. § 411.051(2): 1 case
White v. Manchester Enter., Inc., 871 F. Supp. 934 (E.D. Ky. 1994). “§ 411.051 bars plaintiff from recovering punitive damages.”
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