Demand A Correction Now!

You must demand a correction now.  Let me tell you why.

California law limits the amount of damages a defamed party can sue for in certain circumstances depending on whether they have first demanded a correction.  If a defamatory statement is made on a radio broadcast and/or published in a newspaper, you must demand a correction (of the radio broadcaster or newspaper publisher) within 20 days after learning of the slanderous/libelous comments, pursuant to Civil Code section 48a.

If you don’t demand a correction within the applicable period of time you are limited to special damages.  This is potentially devastating because special damages generally refer to a quantifiable loss, e.g., loss of business profits, which is more difficult to establish than general damages.  It’s especially a big mistake to blow the 20 day period if the defendant’s statements were arguably made with malice because punitive damages are a "big stick" in defamation cases.  And trust me, you want to hold onto the big stick if you want to negotiate a settlement.

So it’s clear by now that you need to demand a correction.  Do it now.



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