2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 15. CAUSES OF ACTION: DEFAMATION, LIBEL, AND SLANDER CHAPTER 3. DEFAMATION ACTIONS AGAINST RADIO AND TELEVISION BROADCASTERS
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IC 34-15-3
Chapter 3. Defamation Actions Against Radio and Television
Broadcasters
IC 34-15-3-1
Applicability of chapter
Sec. 1. (a) This chapter applies to a suit brought for:
(1) publishing;
(2) speaking;
(3) uttering; or
(4) conveying by words, acts, or in any other manner;
a libel or slander by any radio or television station or company in
Indiana.
(b) Section 3 of this chapter does not apply to a case of libel or
slander against a candidate for a public office in Indiana, unless the
retraction of the charge is made in an audible or visible manner at
least three (3) days before the election.
As added by P.L.1-1998, SEC.10.
IC 34-15-3-2
Service of notice
Sec. 2. At least three (3) days before filing a complaint in a suit
described in section 1 of this chapter, the aggrieved party shall serve
notice:
(1) in writing;
(2) on the manager of the radio or television station;
(3) at the principal office of the radio or television station; and
(4) that specifies the words or acts that the aggrieved party
alleges to be false and defamatory.
As added by P.L.1-1998, SEC.10.
IC 34-15-3-3
Retraction mitigates damages
Sec. 3. The plaintiff in a suit described in section 1 of this chapter
may recover only actual damages if it appears, upon trial of the
action, that:
(1) the words or acts were conveyed and broadcast in good
faith;
(2) the falsity of the words or acts was due to mistake or
misapprehension of the facts; and
(3) a full and fair retraction of any words or acts alleged to be
erroneous was conveyed or broadcast:
(A) on a regular program of the radio or television company;
(B) within ten (10) days after the mistake or misapprehension
was brought to the knowledge of the manager; and
(C) at approximately the same time and by the same sending
power so as to be as visible and audible as the original acts
or words complained of.
As added by P.L.1-1998, SEC.10.
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