45-2-1.5. Actual damages -- Broadcast in good faith -- Retraction -- Time --
Candidate for public office.
(1) If it shall appear on the trial of any action brought for any alleged libel or slander on
any radio or television broadcast originating in this state that the alleged libel or slander was
broadcast in good faith, the broadcast thereof was due to mistake or misapprehension of the facts,
and that a full and fair retraction of any statement therein alleged to be erroneous was broadcast
on the same station and approximately the same time of day as was the alleged libel or slander,
within three days after learning of the mistake or within three days after service upon the person
broadcasting that libel or slander, by the party aggrieved, of a written notice specifying the
statement alleged to be erroneous or, in case such notice is not served, in the manner and within
the time above specified after the filing of the complaint and service of the summons in said
action, then the plaintiff shall recover only actual damages.
(2) This section shall not apply in the case of any libel or slander against any candidate
for a public office at any general or primary election, or any avowed candidate for nomination to
any office before any political convention, unless the retraction of the charge was made in the
same manner as provided for other retractions under this section within 24 hours of the time the
person broadcasting that libel or slander became aware of the mistake, but in no case later than
three days before the holding of such general or primary election or political convention. A
written text of the retraction shall be made available to the candidate immediately after it has been
broadcast. This retraction shall be in lieu of any other retraction herein provided for.
Enacted by Chapter 134, 1975 General Session
Download Code Section Zipped WordPerfect 45_02_000105.ZIP 2,372 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, October 08, 2008