Check a correction demand against the news-publication statute
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the demand and the publication, record whether the demand is written, whether it specifies the statements claimed to be libelous, whether it demands that those statements be corrected, who was served, where they were served, the date of service, and the date the file says the plaintiff knew of the publication or broadcast. Do not decide that section 48a applies.
- What the lawyer must review
- The lawyer decides whether California Civil Code section 48a applies. In an action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, the plaintiff shall recover only special damages unless a correction is demanded and is not published or broadcast as the section provides. The plaintiff shall serve upon the publisher at the place of publication, or the broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that those statements be corrected. The notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statements claimed to be libelous. A daily or weekly news publication means a publication, in print or electronic form, that contains news on matters of public concern and that publishes at least once a week. If a demanded correction is not published or broadcast in substantially as conspicuous a manner in the same publication or on the same station, in a regular issue published or broadcast within three weeks after service, the plaintiff, if the plaintiff pleads and proves notice, demand, and failure to correct, and if the cause of action is maintained, may recover general, special, and exemplary damages. Exemplary damages are not recovered unless the plaintiff proves actual malice as the section defines it, and then only in the discretion of the court or jury. In this section, actual malice means a state of mind arising from hatred or ill will toward the plaintiff, and a state of mind occasioned by a good-faith belief in the truth of the publication or broadcast at the time it is published or broadcast is not actual malice. That definition is the section's definition. The public.law text states the same 20-day demand. This is a California rule for the publications the section names. It is not a national precondition to starting a defamation case.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.