(1) In an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, other printed periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless:
(a) A correction or retraction is demanded but not published as provided in ORS 31.215; or
(b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.
(2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages. [Formerly 30.160]
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