§ 99-2. Effect of publication or broadcast in good faith and retraction.
§99‑2. Effect of publication or broadcast in good faith and retraction.
(a) If it appears uponthe trial that said article was published in good faith, that its falsity wasdue to an honest mistake of the facts, and that there were reasonable groundsfor believing that the statements in said article were true, and that within 10days after the service of said notice a full and fair correction, apology andretraction was published in the same editions or corresponding issues of thenewspaper or periodical in which said article appeared, and in as conspicuousplace and type as was said original article, then the plaintiff in such case,if a civil action, shall recover only actual damages, and if, in a criminalproceeding, a verdict of "guilty" is rendered on such a state offacts, the defendant shall be fined a penny and the costs, and no more.
(b) If it appears uponthe trial that such words or acts were conveyed and broadcast in good faith,that their falsity was due to an honest mistake of the facts, or without priorknowledge or approval of such station, and if with prior knowledge or approvalthat there were reasonable grounds for believing that the words or acts weretrue, and that within 10 days after the service of said notice a full and faircorrection, apology and retraction was conveyed or broadcast by or over suchradio or television station at approximately the same time of day and by thesame sending power so as to be as visible and audible as the original acts orwords complained of, then the plaintiff in such case, if a civil action, shallrecover only actual damages, and if, in a criminal proceeding, a verdict of"guilty" is rendered on such state of facts, the defendant shall befined a penny and costs, and no more. (1901, c. 557; Rev., s. 2013;C.S., s. 2430; 1943, c. 238, s. 2.)