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Ind. Code § 34-15-3-3

Retraction mitigates damages

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

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;

(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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.