§ 34-15-4-3 — Retraction mitigates damages

The plaintiff in a suit described in section 1 of
this chapter may recover only actual damages if:
(1) it appears at the trial of the action that:
(A) the article was published or transmitted in good faith; and
(B) the falsity of the article was due to mistake or
misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be
false and defamatory was published in a regular issue of the
newspaper or transmitted to its members or subscribers by the
news service:
(A) within three (3) days by a news service;
(B) within five (5) days, if the newspaper is a daily publication;
or
(C) within ten (10) days, if the newspaper is a weekly
publication;
after the mistake or misapprehension was brought to the
knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and
type as the original item appeared in the newspaper or was
transmitted by a news service to all members or subscribers to
whom the original item was transmitted.
[Pre-1998 Recodification Citation: 34-4-15-1 part.]

Legislative History

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