A libeled person must provide “those alleged to be responsible” a reasonable opportunity to correct the libelous material before commencing any civil action arising out of a publication in any newspaper, magazine or periodical. If a plaintiff fails to first demand a retraction of alleged libel in a newspaper, magazine, or periodical, dismissal is MANDATED.
A retraction demand will be inadequate as to a particular statement if it fails to say the statement is defamatory and fails to state the true facts on the topic covered by the statement. The retraction statute only applies to magazines, newspapers, and periodicals.
It does NOT apply to other publications, such as computer bulletin boards.
To constitute an adequate correction or retraction giving rise to the limitation of damages and other benefits provided by the statute, a retraction or correction must be published “without comment,” that is, it cannot rationalize the accuracy or meaning of the offensive statements. Publication of a correction eliminates any claim for punitive or presumed damages and may be evidence of mitigation of actual damages.
For example, a fan sued a baseball club for defamation after the club posted defamatory information online. The fan did not first demand a retraction of the libel, and the court held that “[h]er failure to give notice is fatal to her claim.” Ladd v. Uecker, 2010 WI App. 28, 11.