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

Indiana Statutes

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

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

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.]

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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.]

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