Annotation for 327 S.W.3d 412

Absolute privilege does not extend so far as to cloak with immunity one who, with a malicious purpose and under no legal compulsion to do so, creates defamatory material with the expectation that it would be published. Therefore, in a defamation case, a former employer was unable to argue that it was absolutely privileged because it was required to release a termination memorandum under the Kentucky Open Records Act. Hill v. Ky. Lottery Corp., 327 S.W.3d 412, 2010 Ky. LEXIS 317 (Ky. 2010).