Kentucky Statutes 454.462 – Scope
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(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.
(2) (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 KRS § 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 KRS § 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.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 233, sec. 2, effective July 14, 2022.
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
Terms Used In Kentucky Statutes 454.462
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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.
(2) (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 KRS § 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 KRS § 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.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 233, sec. 2, effective July 14, 2022.