IC 34-15-4
    Chapter 4. Defamation Actions Against Newspaper Publishers

IC 34-15-4-1
Applicability of chapter
    Sec. 1. (a) This chapter applies to a suit for the:
        (1) publication of a libel by a newspaper; or
        (2) transmission of a libel by a news service;
in Indiana.
    (b) Section 3 of this chapter does not apply to a case of libelagainst a candidate for a public office in Indiana, unless theretraction is made in the manner set out in section 3 of this chapterat least three (3) days before the election.
As added by P.L.1-1998, SEC.10.

IC 34-15-4-2
Service of notice
    Sec. 2. (a) Before bringing a suit described in section 1 of thischapter, the aggrieved party shall:
        (1) at least four (4) days before filing the complaint against anews service;
        (2) at least six (6) days before filing the complaint against adaily newspaper; or
        (3) at least eleven (11) days before filing the complaint againsta weekly newspaper;
serve notice in writing specifying the factual statements in the articlethat are alleged to be false and defamatory, and correcting the falsityof the statements by reference to the true facts.
    (b) If the publication of the alleged libel was by a newspaper, thenotice shall be served on the publisher at the newspaper's principaloffice of publication. If the transmission of the alleged libel was bya news service, the notice shall be served on the bureau chief at thenews service's principal Indiana office.
As added by P.L.1-1998, SEC.10.

IC 34-15-4-3
Retraction mitigates damages
    Sec. 3. The plaintiff in a suit described in section 1 of this chaptermay 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 ormisapprehension of the facts;
        (2) a full and fair retraction of a factual statement alleged to befalse and defamatory was published in a regular issue of thenewspaper or transmitted to its members or subscribers by thenews 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 weeklypublication;
        after the mistake or misapprehension was brought to theknowledge of the publisher or bureau chief; and
        (3) the retraction was published in as conspicuous a place andtype as the original item appeared in the newspaper or wastransmitted by a news service to all members or subscribers towhom the original item was transmitted.
As added by P.L.1-1998, SEC.10.