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 libel
against a candidate for a public office in Indiana, unless the
retraction is made in the manner set out in section 3 of this chapter
at 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 this
chapter, the aggrieved party shall:
(1) at least four (4) days before filing the complaint against a
news service;
(2) at least six (6) days before filing the complaint against a
daily newspaper; or
(3) at least eleven (11) days before filing the complaint against
a weekly newspaper;
serve notice in writing specifying the factual statements in the article
that are alleged to be false and defamatory, and correcting the falsity
of the statements by reference to the true facts.
(b) If the publication of the alleged libel was by a newspaper, the
notice shall be served on the publisher at the newspaper's principal
office of publication. If the transmission of the alleged libel was by
a news service, the notice shall be served on the bureau chief at the
news 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 chapter
may 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 or
misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be
false and defamatory was published in a regular issue of the
newspaper or transmitted to its members or subscribers by the
news 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 weekly
publication;
after the mistake or misapprehension was brought to the
knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and
type as the original item appeared in the newspaper or was
transmitted by a news service to all members or subscribers to
whom the original item was transmitted. As added by P.L.1-1998, SEC.10.
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 libel
against a candidate for a public office in Indiana, unless the
retraction is made in the manner set out in section 3 of this chapter
at 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 this
chapter, the aggrieved party shall:
(1) at least four (4) days before filing the complaint against a
news service;
(2) at least six (6) days before filing the complaint against a
daily newspaper; or
(3) at least eleven (11) days before filing the complaint against
a weekly newspaper;
serve notice in writing specifying the factual statements in the article
that are alleged to be false and defamatory, and correcting the falsity
of the statements by reference to the true facts.
(b) If the publication of the alleged libel was by a newspaper, the
notice shall be served on the publisher at the newspaper's principal
office of publication. If the transmission of the alleged libel was by
a news service, the notice shall be served on the bureau chief at the
news 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 chapter
may 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 or
misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be
false and defamatory was published in a regular issue of the
newspaper or transmitted to its members or subscribers by the
news 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 weekly
publication;
after the mistake or misapprehension was brought to the
knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and
type as the original item appeared in the newspaper or was
transmitted by a news service to all members or subscribers to
whom the original item was transmitted. As added by P.L.1-1998, SEC.10.
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 libel
against a candidate for a public office in Indiana, unless the
retraction is made in the manner set out in section 3 of this chapter
at 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 this
chapter, the aggrieved party shall:
(1) at least four (4) days before filing the complaint against a
news service;
(2) at least six (6) days before filing the complaint against a
daily newspaper; or
(3) at least eleven (11) days before filing the complaint against
a weekly newspaper;
serve notice in writing specifying the factual statements in the article
that are alleged to be false and defamatory, and correcting the falsity
of the statements by reference to the true facts.
(b) If the publication of the alleged libel was by a newspaper, the
notice shall be served on the publisher at the newspaper's principal
office of publication. If the transmission of the alleged libel was by
a news service, the notice shall be served on the bureau chief at the
news 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 chapter
may 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 or
misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be
false and defamatory was published in a regular issue of the
newspaper or transmitted to its members or subscribers by the
news 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 weekly
publication;
after the mistake or misapprehension was brought to the
knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and
type as the original item appeared in the newspaper or was
transmitted by a news service to all members or subscribers to
whom the original item was transmitted. As added by P.L.1-1998, SEC.10.
