Title 51, Chapter 5, Section 11
( 51-5-11)
(a) In any civil action for libel which charges the publication of
an erroneous statement alleged to be libelous, it shall be relevant
and competent evidence for either party to prove that the plaintiff
requested retraction in writing at least seven days prior to the
filing of the action or omitted to request retraction in this
manner. (b) In any such action, the defendant may allege and give proof of
the following matters, as applicable: (1)(A) That the matter alleged to have been published and to be
libelous was published without malice; (B) That the defendant, in a regular issue of the newspaper or
other publication in question, within seven days after receiving
written demand, or in the next regular issue of the newspaper or
other publication following receipt of the demand if the next
regular issue was not published within seven days after
receiving the demand, corrected and retracted the allegedly
libelous statement in as conspicuous and public a manner as that
in which the alleged libelous statement was published; and (C) That, if the plaintiff so requested, the retraction and
correction were accompanied, in the same issue, by an editorial
in which the allegedly libelous statement was specifically
repudiated; or (2) That no request for correction and retraction was made in
writing by the plaintiff. (c) Upon proof of the facts specified in paragraph (1) or (2) of
subsection (b) of this Code section, the plaintiff shall not be
entitled to any punitive damages and the defendant shall be liable
only to pay actual damages. The defendant may plead the publication
of the correction, retraction, or explanation, including the
editorial, if demanded, in mitigation of damages. |