As you publish your work online you may want to correct things youhave previously published. This may occur when someone contacts you andasks you to correct or retract your statements, or, you might decide onyour own that something you've published needs to be changed. While theterms correction and retraction are sometimes used interchangeably, ingeneral, a correction alerts your audience to factual errors that donot take away from your main point, while a retraction informs youraudience of factual errors that impact the main point of thestatements.
Your willingness to correct past errors in your work willprovide several benefits. First, it will make your work more accurateand reliable. This will increase your credibility, influence, and(hopefully) your page views.
Second, it will likely diminish your liability for defamation and other potential legal claims.Keep in mind that correcting or retracting something you've previouslypublished won't not necessarily mean that you will escape liability.Although a retraction might satisfy the person making the request, insome cases the requester may still sue you for defamation.
This section will provide you with an overview of the lawsgoverning retractions and provide some practical tips for handingretraction requests.
Retraction Laws
A growing number of states have laws -- both statutory and caselaw -- that require that a plaintiff must first request a retractionbefore they can recover certain types of damages in a defamationlawsuit. Keep in mind that each state defines what is required underits law and the procedures vary from state to state. You should consultyour individual state guide for specifics on how the law operates in your jurisdiction.
Generally speaking, states that have retraction laws require the following:
- A party that believes it has been defamed must request aretraction or service notice of the allegedly libelous statementsbefore proceeding with a lawsuit
- The request or notice must be made within a reasonableperiod of time after publication of the allegedly defamatory statement;and
- If the publisher issues a "frank and full" retraction ofdefamatory statement, he or she will be entitled to a reduction incertain types of damages.
Retraction laws differ in their impact on the damages available to aplaintiff. In the majority of states, a retraction prevents a plaintifffrom recovering punitive damages unless the plaintiff can prove maliceon the part of the defendant. Even if the plaintiff proves malice, atimely retraction can mitigate any punitive damages. For example, seethe retraction statutes in Michigan, Ohio, Texas, and Virginia. And in one state, North Dakota, which has adopted the Uniform Correction Act,a plaintiff can only recover his out-of-pocket costs (i.e., directeconomic losses) if the defendant has made a timely retraction. Somestates without retraction statutes have similar principles in theircommon law. In these states, a defendant's retraction can be used todemonstrate an absence of malice in a defamation suit.
Most retraction laws were created before the Internet madeonline publishing a reality. As a result, it is not clear whether manyof these laws apply to online publishers. North Dakota is the onlystate whose retraction statute specifically mentions electronicpublications. Although several other states' retraction statutes arebroad enough to include online publications, relatively few courts haveaddressed the issue.
This is likely a subject that will be determined by future courts and legislators, so consult your individual state guide for trends in your jurisdiction. For example, California's retraction statute, Cal. Civ. Code § 48a,applies to the publication of libel in a newspaper or slander by radiobroadcast. Although the statute does not specifically state that itonly applies to newspapers in print, two recent court decisions inCalifornia suggest that an online publication may be a "newspaper" ifcertain conditions are met. Refer to the section on California's retraction statute for details on these decisions.
Even if your state's retraction statute does not apply tointernet publications, publishing a retraction is often good practiceif you realize that you have made a factual error. Often this will beenough to satisfy a potential plaintiff.
Handling Retraction Requests
Receiving a retraction request may be an indication of a pendinglawsuit, and you should carefully consider your legal liability beforepublishing a retraction that admits liability. If you do not have alawyer you can consult with, refer to the section on finding legal helpfor some guidance. A lawyer experienced in defamation law can help youassess the validity of the retraction request, discuss the potentialfor a defamation claim, determine which state's defamation andretraction law applies, and help you craft an appropriate retractionnotice.
Look closely at the specifics of the request and evaluate theaccuracy of your work. If the retraction request contains specific,convincing details of factual errors, and your own grounds for makingthose factual statements appear shaky, a retraction might be a goodidea to stave off a potential lawsuit and improve the reliability ofyour work. (Many potential defamation plaintiffs are satisfied with acorrection and an apology because they do not want to draw yet moreattention to the negative statements published about themselves.) Onthe other hand, if the retraction request is vague and you areconfident that the information you published is accurate, the requestmay be an empty threat.
Responding to a retraction request will vary with the nature ofyour statements and the details of your state's retraction statute orcase law. Generally speaking, to be effective, a retraction must be a "frank and full" withdrawal of the defamatory accusation.Merely stating that the subject of the statement denies the accusationis not enough, nor is a weak, grudging, or half-hearted correction.Additionally, the retraction must appear in a manner comparable to thatof the original publication and be disseminated to the same audience.
If your state's law does not cover online work, tailor yourretraction to match the guidelines established by your state's statutefor the print media by publishing the retraction in an equal size andprominence to the original story, and reaching the same audience as theoriginal. You should account for the different ways your audienceaccesses your content to make sure the retraction is sufficientlyprominent. For example, if the statements are in your blog, and sendout your blog posts in a weekly newsletter, you should publish theretraction in both your blog and newsletter. Also, if your siteprovides an RSS feed, attach the retraction to the feed to ensure thatyou reach the same audience.
For additional information on what practical steps you should consider, see Practical Tips for Handling Requests to Correct or Remove Material.
