411.061 Actions against a radio or television broadcasting station for damages for publication of a defamatory statement -- Definitions

411.061 Actions against a radio or television broadcasting station for damages for

publication of a defamatory statement -- Definitions.

(1) In any action against a radio or television broadcasting station for damages for the

publication of a defamatory statement by a visual or sound radio broadcast, the

plaintiff shall recover no more than special damages unless he shall allege and

prove that he made a sufficient demand for correction and that the radio or

television broadcasting station failed to make conspicuous and timely publication of

said correction.

(2) A "sufficient demand for correction" is a demand for correction which is in writing;

which is signed by the plaintiff or his duly authorized attorney or agent; which

specifies the statement or statements claimed to be false and defamatory, states

wherein they are false, and sets forth the true facts; and which is delivered to the

defendant prior to the commencement of the action.

(3) A "correction" is either (a) the publication of an acknowledgment that the statement

or statements specified as false and defamatory in the plaintiff's demand for

correction are erroneous, or (b) the publication of the plaintiff's statement of the true

facts (as set forth in his demand for correction) or a fair summary thereof, exclusive

of any portions thereof which are defamatory of another, obscene, or otherwise

improper for publication. If the demand for correction has specified two or more

statements as false and defamatory, the correction may deal with some of such

statements pursuant to (a) above and with other of such statements pursuant to (b)

above.

(4) A "conspicuous publication" in a visual or sound radio broadcast is a publication

which is broadcast at substantially the same time of day, and with the same sending

power, as the statement or statements specified as false and defamatory in the

demand for correction. A publication in a particular manner which is agreeable to

the plaintiff shall in any event be deemed "conspicuous."

(5) A "timely publication" in a visual or sound radio broadcast is a publication within

one business day after the day on which a sufficient demand for correction is

received by the defendant. A "business day" is any day other than a Sunday or legal

holiday. A publication on a particular day which is agreeable to the plaintiff shall in

any event be deemed "timely."

(6) "Special damages" are pecuniary damages which the plaintiff alleges and proves

that he has suffered in respect to his property, business, trade, profession, or

occupation (including such amounts of money as the plaintiff alleges and proves he

has expended as a proximate result of the alleged defamation), and no other.