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. (1) the words or acts were conveyed and broadcast in good faith;
2. (2) the falsity of the words or acts was due to mistake or misapprehension of the facts; and

3. (3) a full and fair retraction of any words or acts alleged to be erroneous was conveyed or broadcast:

   1. (A) on a regular program of the radio or television company;
   2. (B) within ten (10) days after the mistake or misapprehension was brought to the knowledge of the manager; and

   3. (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.

      [Pre-1998 Recodification Citation: 34-4-14-1 part.]

As added by P.L.1-1998, SEC.10.