The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if:

1. (1) it appears at the trial of the action that:

   1. (A) the article was published or transmitted in good faith; and
   2. (B) the falsity of the article was due to mistake or misapprehension of the facts;

2. (2) a full and fair retraction of a factual statement alleged to be false and defamatory was published in a regular issue of the newspaper or transmitted to its members or subscribers by the news service:

   1. (A) within three (3) days by a news service;
   2. (B) within five (5) days, if the newspaper is a daily publication; or

   3. (C) within ten (10) days, if the newspaper is a weekly publication;

      after the mistake or misapprehension was brought to the knowledge of the publisher or bureau chief; and

3. (3) the retraction was published in as conspicuous a place and type as the original item appeared in the newspaper or was transmitted by a news service to all members or subscribers to whom the original item was transmitted.

   [Pre-1998 Recodification Citation: 34-4-15-1 part.]

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