Retraction mitigates damages

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if: (1) it appears at the trial of the action that: (A) the article was published or transmitted in good faith; and (B) the falsity of the article was due to mistake or misapprehension of the facts; (2) a full and fair retraction of a factual statement alleged to be false and defamatory was published in a regular issue of the newspaper or transmitted to its members or subscribers by the news service: (A) within three (3) days by a news service; (B) within five (5) days, if the newspaper is a daily publication; or (C) within ten (10) days, if the newspaper is a weekly publication; after the mistake or misapprehension was brought to the knowledge of the publisher or bureau chief; and (3) the retraction was published in as conspicuous a place and type as the original item appeared in the newspaper or was transmitted by a news service to all members or subscribers to whom the original item was transmitted. [Pre-1998 Recodification Citation: 34-4-15-1 part.] As added by P.L.1-1998, SEC.10.