Title 51, Chapter 5, Section 12
( 51-5-12)
(a) In any civil action for a defamatory statement which charges the
visual or sound broadcast of an erroneous statement alleged to be
defamatory, it shall be relevant and competent evidence for either
party to prove that the plaintiff requested retraction or omitted to
request retraction. (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 broadcast and to be
defamatory was published without malice; (B) That the defendant, in a regular broadcast of the station
over which the broadcast in question was made, within three days
after receiving written demand, corrected and retracted the
allegedly defamatory statement in as conspicuous and public a
manner as that in which the alleged defamatory statement was
broadcast; and (C) That, if the plaintiff so requested, the retraction and
correction were accompanied, on the same day, by an editorial in
which the allegedly defamatory statement was specifically
repudiated; or (2) That no request for correction and retraction was made 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 broadcast
of the correction, retraction, or explanation, including the
editorial, if demanded, in mitigation of damages. |