Arizona Laws 12-653.02. Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand
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In an action for damages for the publication of a libel in a newspaper or magazine, or of a slander by radio or television broadcast, the plaintiff shall recover no more than special damages unless a correction is demanded and not published or broadcast, unless the plaintiff shall prove the publication or broadcast was made with actual malice. The plaintiff shall serve upon the publisher at the place of publication, or broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that the same be corrected. The notice and demand shall be served within twenty days after actual knowledge of the plaintiff of the publication or broadcast of the statements claimed to be libelous.
Terms Used In Arizona Laws 12-653.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Actual malice: means that state of mind arising from personal spite, hatred, or ill will toward the plaintiff, but such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice. See Arizona Laws 12-653.01
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- newspaper: means any publication which may be mailed at the second-class rates established by the United States post office. See Arizona Laws 12-653.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Special damages: means all damages which the plaintiff alleges and proves he has suffered in respect only to his property, business, trade, profession or occupation. See Arizona Laws 12-653.01