Idaho State Statutes - Idaho Attorney Directory

RETRACTION BY NEWSPAPER, RADIO OR TELEVISION BROADCASTING STATION
OR NETWORK OF STATIONS -- LIMIT OF RECOVERY. In any action for damages for the
publication of a libel, in a newspaper, or of a slander or libel by radio or
television broadcast, plaintiff shall recover no more than actual damages
unless a correction be demanded and be not published or broadcast, as
hereinafter provided. Plaintiff shall serve upon the publisher, at the place
of publication or broadcaster at the place of broadcast, a written notice
specifying the statements and the manner in which said statements are claimed
to be slanderous or libelous and demanding that the same be corrected. Said
notice and demand must be served within 20 days after knowledge of the
publication or broadcast of the statement claimed to be slanderous or
libelous. If a correction be demanded within said period and be not published
or broadcast in substantially as conspicuous a manner in said newspaper or on
said radio or television broadcasting station as were the statements claimed
to be slanderous or libelous, in a regular issue thereof published or
broadcast within three (3) weeks after such service, plaintiff, if he proves
such notice, demand and failure to correct, and if his cause of action be
maintained, may recover general, actual and exemplary damages; provided that
no exemplary damages may be recovered unless the plaintiff shall prove that
defendant made the publication or broadcast with actual malice, and actual
malice shall not be inferred or presumed from the publication or broadcast. A
correction published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as the statements claimed in
the complaint to be defamatory, prior to receipt of a demand therefor, shall
be of the same force and effect as though such correction has been published
or broadcast within three (3) weeks after a demand therefor.

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