This form is used to demand or notify a publication to withdraw defamatory statements previously made. A notice or demand for retraction that is made pursuant to a statute must conform to the requirements of the statute. Generally, a notice should indicate to the publisher the words expected to be retracted and furnish an opportunity to publish a retraction.
Kansas Notice or Demand for Retraction Regarding Libelous Publication - Defamation of Character
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US-00958BG
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FAQ
Retraction is to take back something previously stated. Retraction may occur with reference to a confession of a crime or to an anticipatory breach of a contract. Additionally, in the context of defamation suits, a retraction of the language giving rise to potential liability may be a defense.
Retracting an allegedly defamatory statement will often serve as a defense to any defamation lawsuit, especially if the retraction includes an apology. Some states even require people who are considering defamation lawsuits to request a retraction before filing suit.
Retracting a Defamatory Statement This request must be made within a reasonable period after the publication of the statement. The person who published the statement can issue a ?frank and full? retraction of the defamatory statement in response to the request.
Notices of retraction should mention the reasons and basis for the retraction, to distinguish cases of misconduct from those of honest error; they should also specify who is retracting the article. They should be published in all versions of the journal (i.e. print and/or electronic).
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 accusation is not enough, nor is a weak, grudging, or half-hearted correction.
