§ 34-15-3-3 Mitigation of damages by retraction

Codes > Indiana Code > Title 34 > Article 15 : Chapter 3 > 34-15-3-3 Mitigation

34-15-3-3 Mitigation of damages by retraction

    Sec. 3. 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;

        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.