Section 78. Mitigating circumstances in action for libel or slander  


Latest version.
  • In an
      action  for  libel  or  slander  the  defendant  may  prove   mitigating
      circumstances,  including the sources of his information and the grounds
      for his belief, whether or not he has pleaded or attempted to prove  any
      defense.  A  defendant  in  default for want of an answer may prove such
      mitigating circumstances upon a reference or inquiry  to  ascertain  the
      amount  of  the  plaintiff's damages. Matter tending only to mitigate or
      reduce damages is a partial defense and may be set forth in the answer.