12-653.03. Failure to publish or broadcast correction; recovery of special and exemplary damages; malice
If a correction is demanded within the period prescribed by section 12-653.02, and is not published or broadcast in substantially as conspicuous a manner in the newspaper or magazine, or on the radio or television broadcasting station, as the statements claimed to be libelous, in a regular issue thereof published or broadcast within three weeks after service, plaintiff, if he pleads and proves the notice, demand and failure to correct, and if his cause of action is maintained, may recover general, special and exemplary damages subject to applicable rules of law governing such damages in this jurisdiction, but no exemplary damages may be recovered unless the plaintiff proves that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or jury.
Section: Previous 12-632 12-641 12-651 12-652 12-653 12-653.01 12-653.02 12-653.03 12-653.04 12-653.05 12-661 12-671 12-681 12-682 12-683 NextLast modified: October 13, 2016