Indiana Code 34-15-3-3. Retraction mitigates damages
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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:
(2) the falsity of the words or acts was due to mistake or misapprehension of the facts; and
(1) the words or acts were conveyed and broadcast in good faith;
Terms Used In Indiana Code 34-15-3-3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
[Pre-1998 Recodification Citation: 34-4-14-1 part.]
As added by P.L.1-1998, SEC.10.