Indiana § 34-15-4-3 - Retraction mitigates damages
Full text of Indiana Indiana Code § 34-15-4-3 — Retraction mitigates damages, with citation guidance and answers to common questions.
§ 34-15-4-3. Retraction mitigates damages
Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if:
(1) it appears at the trial of the action that:
(A) the article was published or transmitted in good faith; and
(B) the falsity of the article was due to mistake or misapprehension of the facts;
(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:
(A) within three (3) days by a news service;
(B) within five (5) days, if the newspaper is a daily publication; or
(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) 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.
IC 34-15-5Chapter 5. Actions for Certain False Charges
34-15-5-1Actionable charges
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 34-15-4-3
What does Indiana Code § 34-15-4-3 cover?
Section 34-15-4-3 ("Retraction mitigates damages") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 34-15-4-3?
A common citation format is "Indiana Code § 34-15-4-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 34-15-4-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.