Correcting or clarifying published mistakes

Corrections and clarifications can often help avoid lawsuits or, at the very least, mitigate damages resulting from them. However, journalists should be aware of the implications that arise from admitting a fact was wrong.

More than 30 states have some form of correction or clarification statute that entitles publishers to a reduction in certain types of damages. These laws vary significantly from state to state, but all require a person who believes he or she has been defamed to request, within a certain amount of time after publication of the allegedly defamatory statement, a correction or clarification from the publisher before he or she may sue. These statutes also have very specific requirements that publishers must follow exactly if they wish to lessen the damages imposed against them.

Generally, give the correction or clarification the same attention you would give an original article. Do not rush to "clarify" something without thinking about what you're saying about the truth or accuracy of your original article.

Some courts infer from a publisher's correction or clarification of a defamatory comment his or her concern for the truth. In these cases, the corrective measure may be used as proof of a publisher's absence of actual malice. In other instances, though, publication of a correction or clarification may constitute a publisher's admission of liability. That is, the issuance of a correction or clarification is evidence that a publisher was aware of his or her error.