Libel - Statute of Limitations
(a) A correction or retraction is demanded but not published as provided in ORS 30.165; or
(b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.
(2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages.
(1) The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher's place of business or residence within 20 days after the defamed person receives actual knowledge of the defamatory statement. The demand shall specify which statements are false and defamatory and request that they be corrected or retracted. The demand may also refer to the sources from which the true facts may be ascertained with accuracy.
(2) The publisher of the defamatory statement shall have not more than two weeks after receipt of the demand for correction or retraction in which to investigate the demand; and, after making such investigation, the publisher shall publish the correction or retraction in:
(a) The first issue thereafter published, in the case of newspapers, magazines or other printed periodicals.
(b) The first broadcast or telecast thereafter made, in the case of radio or television stations.
(c) The first public exhibition thereafter made, in the case of motion picture theatres.
(3) The correction or retraction shall consist of a statement by the publisher substantially to the effect that the defamatory statements previously made are not factually supported and that the publisher regrets the original publication thereof.
(4) The correction or retraction shall be published in substantially as conspicuous a manner as the defamatory statement.
A correction or retraction published prior to notice of demand therefor shall have the same effect as a correction or retraction after demand, if the requirements of ORS 30.165 (2), (3) and (4) are substantially complied with.
When claim characterized as false light alleges facts that also constitute claim for defamation, claim must be filed within period for bringing defamation claim under this provision, not ORS 12.110. Magenis v. Fisher
Failure to allege that retraction had been requested of magazine publishers and refused by them, as required by this section, rendered complaint insufficient to constitute cause of action for general damages for libel. Davidson v. Rogers, 281 Or 219, 574 P2d 624 (1978)
Condition of this section denying general damages unless retraction is demanded but not published does not violate Constitution, Article I, Section 10, which provides that every man shall have remedy by due course of law for injury done him. Davidson v. Rogers, 281 Or 219, 574 P2d 624 (1978)
This section does not apply in an action against a person not associated with the broadcast or print media. Wheeler v. Green, 286 Or 99, 593 P2d 777 (1979)