51-5-12. Admissibility of evidence in defamation action concerning correction and retraction; effect on damages.

In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction.#

In any such action, the defendant may allege and give proof of the following matters, as applicable:#

1. (1)

   1. (A)

      That the matter alleged to have been broadcast and to be defamatory was published without malice;#

   2. (B)

      That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicuous and public a manner as that in which the alleged defamatory statement was broadcast; and#

   3. (C)

      That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifically repudiated; or#

2. (2)

   That no request for correction and retraction was made by the plaintiff.#

Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.#