Lottery advertising contracts and reports

Good afternoon, Mr. Feathers.

The Kentucky Lottery Corporation is in receipt of your request for records dated April 18, 2024, which was received via email on the same date.
Effective June 29, 2021, only “residents of the Commonwealth” may request to inspect public records. KRS 61.872(3). “News-gathering organizations,” which are specifically defined in KRS 189.635(8)(b), may also request to inspect public records under the Act. It defines a news-gathering organization as:
1. "News-gathering organization" includes:
a. A newspaper or periodical if it:
i. Is published at least fifty (50) of fifty-two (52) weeks during a calendar year;
ii. Contains at least twenty-five percent (25%) news content in each issue or no more than seventy-five percent (75%) advertising content in any issue in the calendar year; and
iii. Contains news of general interest to its readers that can include news stories, editorials, sports, weddings, births, and death notices;
b. A television or radio station with a valid broadcast license issued by the Federal Communications Commission;
c. A news organization that broadcasts over a multichannel video programming service as defined in KRS 136.602;
d. A Web site published by or affiliated with any entity described in subdivision a., b., or c. of this subparagraph;
e. An online-only newspaper or magazine that publishes news or opinion of interest to a general audience and is not affiliated with any entity described in subparagraph 2. of this paragraph; and
f. Any other entity that publishes news content by any means to the general public or to members of a particular profession or occupational group; and
2. "News-gathering organization" does not include any product or publication with the primary purpose of distributing advertising or of publishing names and other personal identifying information concerning parties to motor vehicle accidents which may be used to solicit for services covered under Subtitle 39 of KRS Chapter 304.
Can you please confirm that your organization would be defined as a “news-gathering organization” based upon the above definition?
Thank you,
Kate Hanratty

Dear Mr. Feathers,

The Kentucky Lottery Corporation (KLC) is in receipt of your request for records dated April 18, 2024, which was received via email on the same date.

Attached please find the records we have responsive to your request #1 for, “all Kentucky Lottery contracts since Jan. 1, 2023 regarding lottery advertising campaigns and paid promotions” which are our contracts for Advertising and Related Services for this period.

With respect to the second portion of your request for records (#2) for targeting parameters selected by the Kentucky Lottery and/or its vendors for all lottery advertising campaigns and paid promotions on the listed platforms since Jan. 1, 2023, we have no responsive records for the TikTok and Twitter platforms, as the Kentucky Lottery does not advertise on TikTok or have targeted advertising on Twitter. With respect to the request for targeting parameters on Meta Platforms (including Facebook, Instagram, and Threads)and Alphabet/Google (including Youtube), we are currently working with our current vendor, who began providing these services in July 1, 2023, to compile and review those records from July 1, 2023 to the date of the request. However, documents that involve a trade secret or other legally-protected intellectual property or confidential proprietary information of the corporation or a vendor are exempt from disclosure pursuant to KRS 154A.040(1)(b). Furthermore, “records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records,” are excluded from the general application of the Kentucky Open Records Act, KRS §61.878(c)(1). Targeting parameters developed by Kentucky Lottery advertising vendors with the Kentucky Lottery are proprietary to the Kentucky Lottery and proprietary to its vendors and, if disclosed, would permit an unfair commercial advantage to the competitors of both the Kentucky Lottery as well as the competitors of the Kentucky Lottery’s advertising vendors who provide similar advertising services.

Without waiving the above-referenced exemptions, we are reviewing the requested records for any information contained within those records that is not confidential or proprietary to the Kentucky Lottery or its vendors. To the extent that we identify any of the information contained within those records is non-exempt, we will require additional time through Wednesday, May 8, 2024 to review and respond to this portion of your request.

Please let me know if you have any questions.

Kate

Mr. Feathers,