What is a retraction statute?

Monday, December 9, 2002

A retraction statute is a law that allows a defamation defendant to retract, or take back, a defamatory statement. Retraction statutes vary considerably from state to state in terms of their coverage and net effect. Under many statutes, a plaintiff has to request a retraction within a certain time frame. Then, the defendant must comply in a certain time frame. In many states, if a defendant issues a proper retraction, the defendant can reduce (but not eliminate) the damages they will have to pay. For example, in Tennessee, if a defendant issues a proper retraction, the defendant cannot be held liable for punitive damages. (Punitive damages are damages designed to punish the wrongdoer; they are controversial in some circles because they go beyond compensatory damages, which are damages designed to compensate the plaintiff for wrongdoing.)