Retraction mitigates damages
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.
As added by P.L.1-1998, SEC.10.
Last modified: May 24, 2006