The publication of a fair and impartial report of any proceeding before any state or city
legislative or executive body, board or officer, or the whole or a fair synopsis of any bill,
report, resolution, bulletin, notice, petition, or other document presented, filed, or used in
any proceeding before any state or city legislative or executive body, board or officer,
shall be privileged, unless it is proved that the publication was maliciously made. The
publication of a fair and impartial report or the whole or a synopsis of any indictment,
warrant, affidavit, pleading or other document in any criminal or civil action in any court
of competent jurisdiction shall be privileged, unless it is proved that it was published
maliciously, or that the defendant after request by the plaintiff has failed to publish a
reasonable explanation or contradiction thereof, giving the explanation or contradiction
the same prominence and space as the original publication, or that the publisher has
refused after request by the plaintiff to publish the subsequent determination of the
proceeding. This section shall not authorize the publication of any indecent matter.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2438b-2.
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 1955–2025 · leading case:
Smith v. Martin, 331 S.W.3d 637 (Ky. Ct. App. 2011).
Smith v. Martin, 331 S.W.3d 637 (Ky. Ct. App. 2011).
· cites it 9× “Rather, we must look to the qualified privilege contained in KRS 411.060. KRS 411.060 provides, in relevant part: The publication of a fair and impartial report of any proceeding before any state or city legislative or executive body, board or officer, or the whole or a fair…”
Pearce v. Courier-Journal & Louisville Times Co., 683 S.W.2d 633 (Ky. Ct. App. 1985).
· cites it 5× “793 (1925), unless they were “maliciously made” as that term is used in KRS 411.060. To the extent that the Louisville Times article subtitled “Once sued in death, now target of a state probe” is alleged by the appellant to defame him by implying that he prescribed excessive or…”
Carter v. Pfannenschmidt, 467 S.W.2d 777 (Ky. Ct. App. 1971).
· cites it 2× “The appellant asserts error on the ground that KRS 411.060 removed the defense of sovereign immunity for school boards in the case of commission of a willful and malicious tort.”
Helton v. Joplin, 281 S.W.2d 917 (Ky. Ct. App. 1955).
· cites it 2× “The trial court directed a verdict' for the appellees-defendants, holding the publications complained of were privileged under KRS 411.060, since it was not'proven that they were published maliciously.”
Chatterjee v. CBS Broad. Inc. (E.D. Ky. 2020).
· cites it 4× “” See KRS 411.060. “The privilege is qualified or conditioned upon the report being fair and accurate and not being maliciously made.”
Creusere v. Baker (E.D. Ky. 2023).
· cites it 3× “Ky. Rev. Stat. § 411.060 says, in relevant part, that “[t]he publication of a .”
Kentucky Democratic Party v. Jerry (Jerome) Gearding (Ky. Ct. App. 2025).
“KRS 411.060, entitled “Action for libel; privileged communications” provides, in relevant part, that “[t]he publication of a fair and impartial report or the whole or a synopsis of any indictment .”
Jerry Gearding v. Kentucky Democratic Party (Ky. Ct. App. 2025).
“KRS 411.060, entitled “Action for libel; privileged communications” provides, in relevant part, that “[t]he publication of a fair and impartial report or the whole or a synopsis of any indictment .”
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treatment. Dots show Syfertize treatment of the citing case itself.