Tort Actions

ORS 31.215
Publication of correction or retraction upon demand

(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 theaters.

(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. [Formerly 30.165]

Notes of Decisions

Each publication or broadcast of statement is new occurrence of “defamatory statement.” Schenck v. Oregon Television, Inc., 146 Or App 430, 934 P2d 480 (1997)

Source

Last accessed
May 30, 2023

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