                                 CODE OF VIRGINIA

MITIGATION IN ACTIONS AGAINST NEWSPAPERS, ETC (§ 8.01-48)

In any civil action against the publisher, owner, editor, reporter or employee
of any newspaper, magazine or periodical under § 8.01-45, or for libel or
defamation, because of any article, statement or other matter contained in any
such newspaper, magazine or periodical, the defendant, whether punitive damages
be sought or not, may introduce in evidence in mitigation of general and
punitive damages, or either, but not of actual pecuniary damages, all the
circumstances of the publication, including the source of the information, its
character as affording reasonable ground of reliance, any prior publication
elsewhere of similar purport, the lack of negligence or malice on the part of
the defendant, the good faith of the defendant in such publication, or that
apology or retraction, if any, was made with reasonable promptness and fairness;
provided that the defendant may introduce in evidence only such circumstances
and to the extent set forth in his or its grounds of defense.

HISTORY: Code 1950, § 8-632; 1954, c. 333; 1977, c. 617.