When general damages allowed. (1) In an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other 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; 2025 c.393 §2]