454.462 Scope.

527 words·~2 min read·/ky/chapter-454/454-462

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as otherwise provided in subsection

(2)of this section, KRS 454.460 to

454.478 applies to a cause of action asserted against a person based on the person's:

(a)Communication in a legislative, executive, judicial, administrative, or other

governmental proceeding;

(b)Communication on an issue under consideration or review in a legislative,

executive, judicial, administrative, or other governmental proceeding; or

(c)Exercise of the right of freedom of speech or of the press, the right to

assemble or petition, or the right of association, as guaranteed by the United

States Constitution or Kentucky Constitution, on a matter of public concern.

(a)Except as provided in paragraph

(b)of this subsection, KRS 454.460 to

454.478 shall not apply to a cause of action asserted:

1. Against a governmental unit or an employee or agent of a governmental

unit acting or purporting to act in an official capacity;

2. By a governmental unit or an employee or agent of a governmental unit

acting in an official capacity to enforce a law to protect against an

imminent threat to public health or safety;

3. Against a person primarily engaged in the business of selling or leasing

goods or services if the cause of action arises out of a communication or

lack of communication related to the person's sale or lease of the goods

or services;

4. Against a person named in a civil suit brought to establish or declare real

property possessory rights, use of real property, recovery of real

property, quiet title to real property, or other claims relating to real

property;

5. Seeking recovery for bodily injury, wrongful death, or survival, or to

statements made regarding that legal action;

6. Under the Kentucky Insurance Code or arising out of an insurance

contract;

7. Based on a common law fraud claim;

8. Under KRS Chapters 401 to 407;

9. Under KRS Chapter 337, 338, 339, 342, 344, or 345, including claims of

negligent supervision, retention, or infliction of emotional distress;

wrongful discharge in violation of public policy; whistleblowing,

including KRS 61.101 to 61.103; or enforcement of employee rights

under civil service, collective bargaining, or handbooks and policies; or

10. Under the Kentucky Consumer Protection Act, KRS 367.110 to

367.300.

(b)KRS 454.460 to 454.478 applies to a cause of action asserted under paragraph

(a)of this subsection when the cause of action is:

1. An action against a person arising from any act of that person, whether

public or private, related to the gathering, receiving, posting, or

processing of information for communication to the public, whether or

not the information is actually communicated to the public, for the

creation, dissemination, exhibition, or advertisement or other similar

promotion of a dramatic, literary, musical, political, journalistic, or

otherwise artistic work, including audio-visual work regardless of the

means of distribution, a motion picture, a television or radio program, or

an article published in a newspaper, Web site, magazine, or other

platform, no matter the method or extent of distribution; or 2. An action against a person related to the communication, gathering,

receiving, posting, or processing of consumer opinions or commentary,

evaluation of consumer complaints, or reviews or ratings of businesses.