The judicial proceeding privilege covers publications of matters within the court record. Helton v. Joplin, 281 S.W.2d 917, 918 (Ky. 1955). In 1936, the legislature codified the fair reporting privilege to strengthen and clarify it. KRS 411.060. It has remained unchanged ever since.
Insofar as this article is an accurate account of judicial and administrative proceedings, then regardless of the falsity or defamatory character of its contents, it is absolutely privileged unless its publication "was maliciously made." KRS 411.060. Unfortunately, we find nothing in the statute explaining what is meant by "maliciously made," and the few cases considering this statute offer little or no guidance. See, e.g., Helton v. Joplin, Ky., 281 S.W.2d 917 (1955). Although Begley v. Louisville Times, 272 Ky. 805, 115 S.W.2d 345 (1938), was concerned with a publication which would seem to have fallen within the purview of KRS 411.060, that opinion does not consider the statute.