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California Civil Code Section 1

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1.  This Act shall be known as THE CIVIL CODE OF THE STATE OF
CALIFORNIA, and is in Four Divisions, as follows:

   I.--THE FIRST RELATING TO PERSONS.
   II.--THE SECOND TO PROPERTY.
   III.--THE THIRD TO OBLIGATIONS.
   IV.--THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE
PRECEDING DIVISIONS.






1.  1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice specifying
the statements claimed to be libelous and demanding that the same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
   2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if
his cause of action be maintained, may recover general, special and
exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
   3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
   4. As used herein, the terms "general damages," "special damages,"
"exemplary damages" and "actual malice," are defined as follows:
   (a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
   (b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other;
   (c) "Exemplary damages" are damages which may in the discretion of
the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
   (d) "Actual malice" is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.

Last modified: February 22, 2013