659.3 - RETRACTION -- ACTUAL, SPECIAL, AND EXEMPLARY DAMAGES.
659.3 RETRACTION -- ACTUAL, SPECIAL, AND EXEMPLARY DAMAGES. If a retraction or correction thereof be not published in as conspicuous a place and type in said newspaper, free newspaper or shopping guide, as were the statements complained of, in a regular issue thereof published within two weeks after such service, or in case of a defamatory statement on a radio or television station if a retraction or correction thereof be not broadcast at a time considered as favorable as that of the defamatory statement within two weeks after such service, plaintiff may allege such notice, demand, and failure to retract in the complaint and may recover both actual, special, and exemplary damages if the plaintiff's cause of action be maintained. If such retraction be so published or broadcast, the plaintiff may still recover such actual, special, and exemplary damages, unless the defendant shall show that the libelous publication or defamatory statement was made in good faith, without malice, and under a mistake as to the facts.
Section History: Early Form [SS15, § 3592-a; C24, 27, 31, 35, 39, § 12414; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 659.3] Referred to in § 659.4