Assemble the facts for a correction demand
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the publication or broadcast, the date the client reports learning of it, the passage, and the publisher or station named on the piece, with the page or the capture. Write no sentence of a notice or a demand.
- What the lawyer must review
- Civil Code § 48a(a) requires the plaintiff to serve on 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. You write and serve that notice. Section 48a(d)(4) defines actual malice, for exemplary damages under this section, as a state of mind arising from hatred or ill will, and a good-faith belief in the truth of the publication or broadcast is not actual malice under that definition. New York Times Co. v. Sullivan, 376 U.S. 254 (1964), states the constitutional fault standard in a public-official case. Use the constitutional standard where it governs. The two definitions are stated in different sources and you apply each where it applies.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Retraction and correction demand | Letter | AI use Yellow | A demand that a publisher or broadcaster correct specified statements. |
Signed-in accounts can read the full text of each one. All precedents.