§ 34-15-3-3 — Retraction mitigates damages

Indiana § 34-15-3-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 15: CAUSES OF ACTION: DEFAMATION, LIBEL,
• Ch. 3: Defamation Actions Against Radio and Television

Text

The plaintiff in a suit described in section 1 of
this chapter may recover only actual damages if it appears, upon trial
of the action, that:
(1) the words or acts were conveyed and broadcast in good faith;
(2) the falsity of the words or acts was due to mistake or
misapprehension of the facts; and
(3) a full and fair retraction of any words or acts alleged to be
erroneous was conveyed or broadcast:
(A) on a regular program of the radio or television company;
(B) within ten (10) days after the mistake or misapprehension
was brought to the knowledge of the manager; and
(C) at approximately the same time and by the same sending
power so as to be as visible and audible as the original acts or
words complained of.
[Pre-1998 Recodification Citation: 34-4-14-1 part.]

Legislative History

As added by P.L.1-1998, SEC.10.