State Codes and Statutes

Statutes > Utah > Title-45 > Chapter-02 > 45-2-1

45-2-1. Retraction by newspapers -- Limit of recovery.
If it shall appear on the trial of any action brought for the publication of any alleged libelin any newspaper published in this state that the alleged libel was published in good faith, that thepublication thereof was due to mistake or misapprehension of the facts, and that a full and fairretraction of any statement therein alleged to be erroneous was published in the same type and inthe same position on the same page as was the article complained of as libelous, in the nextregular issue of such newspaper, or in case of a daily paper within three days, after service uponthe publisher of such newspaper, at the principal office of its publication by the party aggrieved,of a written notice specifying the statement alleged to be erroneous, or, in case such notice is notserved in the issue or within the time above specified after the filing of the complaint and serviceof the summons in said action, then the plaintiff shall recover only actual damages; provided, thatif such libel was published in a Sunday edition, the publication of the retraction must have been ina Sunday edition within two weeks after the times above specified; provided further, that thissection shall not apply in the case of any libel against any candidate for a public office at anyelection or primary, or any avowed candidate for nomination to any office before any politicalconvention, unless the retraction of the charge was made editorially in a conspicuous manner atleast five days before the holding of such election, primary or political convention in case suchlibelous article was published in a daily paper, or if published in a weekly paper, at least threedays before the holding thereof, which editorial retraction shall be in lieu of any other retractionherein provided for.

No Change Since 1953

State Codes and Statutes

Statutes > Utah > Title-45 > Chapter-02 > 45-2-1

45-2-1. Retraction by newspapers -- Limit of recovery.
If it shall appear on the trial of any action brought for the publication of any alleged libelin any newspaper published in this state that the alleged libel was published in good faith, that thepublication thereof was due to mistake or misapprehension of the facts, and that a full and fairretraction of any statement therein alleged to be erroneous was published in the same type and inthe same position on the same page as was the article complained of as libelous, in the nextregular issue of such newspaper, or in case of a daily paper within three days, after service uponthe publisher of such newspaper, at the principal office of its publication by the party aggrieved,of a written notice specifying the statement alleged to be erroneous, or, in case such notice is notserved in the issue or within the time above specified after the filing of the complaint and serviceof the summons in said action, then the plaintiff shall recover only actual damages; provided, thatif such libel was published in a Sunday edition, the publication of the retraction must have been ina Sunday edition within two weeks after the times above specified; provided further, that thissection shall not apply in the case of any libel against any candidate for a public office at anyelection or primary, or any avowed candidate for nomination to any office before any politicalconvention, unless the retraction of the charge was made editorially in a conspicuous manner atleast five days before the holding of such election, primary or political convention in case suchlibelous article was published in a daily paper, or if published in a weekly paper, at least threedays before the holding thereof, which editorial retraction shall be in lieu of any other retractionherein provided for.

No Change Since 1953


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-45 > Chapter-02 > 45-2-1

45-2-1. Retraction by newspapers -- Limit of recovery.
If it shall appear on the trial of any action brought for the publication of any alleged libelin any newspaper published in this state that the alleged libel was published in good faith, that thepublication thereof was due to mistake or misapprehension of the facts, and that a full and fairretraction of any statement therein alleged to be erroneous was published in the same type and inthe same position on the same page as was the article complained of as libelous, in the nextregular issue of such newspaper, or in case of a daily paper within three days, after service uponthe publisher of such newspaper, at the principal office of its publication by the party aggrieved,of a written notice specifying the statement alleged to be erroneous, or, in case such notice is notserved in the issue or within the time above specified after the filing of the complaint and serviceof the summons in said action, then the plaintiff shall recover only actual damages; provided, thatif such libel was published in a Sunday edition, the publication of the retraction must have been ina Sunday edition within two weeks after the times above specified; provided further, that thissection shall not apply in the case of any libel against any candidate for a public office at anyelection or primary, or any avowed candidate for nomination to any office before any politicalconvention, unless the retraction of the charge was made editorially in a conspicuous manner atleast five days before the holding of such election, primary or political convention in case suchlibelous article was published in a daily paper, or if published in a weekly paper, at least threedays before the holding thereof, which editorial retraction shall be in lieu of any other retractionherein provided for.

No Change Since 1953