CHAPTER 3. DEFAMATION ACTIONS AGAINST RADIO AND TELEVISION BROADCASTERS

IC 34-15-3
     Chapter 3. Defamation Actions Against Radio and Television Broadcasters

IC 34-15-3-1
Applicability of chapter
    
Sec. 1. (a) This chapter applies to a suit brought for:
        (1) publishing;
        (2) speaking;
        (3) uttering; or
        (4) conveying by words, acts, or in any other manner;
a libel or slander by any radio or television station or company in Indiana.
    (b) Section 3 of this chapter does not apply to a case of libel or slander against a candidate for a public office in Indiana, unless the retraction of the charge is made in an audible or visible manner at least three (3) days before the election.
As added by P.L.1-1998, SEC.10.

IC 34-15-3-2
Service of notice
    
Sec. 2. At least three (3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved party shall serve notice:
        (1) in writing;
        (2) on the manager of the radio or television station;
        (3) at the principal office of the radio or television station; and
        (4) that specifies the words or acts that the aggrieved party alleges to be false and defamatory.
As added by P.L.1-1998, SEC.10.

IC 34-15-3-3
Retraction mitigates damages
    
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.
As added by P.L.1-1998, SEC.10.