§ 34-15-4-3 Mitigation of damages by retraction

Codes > Indiana Code > Title 34 > Article 15 : Chapter 4 > 34-15-4-3 Mitigation

34-15-4-3 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:

    (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.