Ind. Code § 34-15-3-3
Retraction mitigates damages
Indiana · Indiana Code Title 34 — Civil Law and Procedure · Status: effective
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- Ind. Code § 34-15-3-3, Retraction mitigates damages, Indiana, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1676887
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Full text
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.