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.
§ 8.01-48.Mitigation in actions against newspapers, etc.
Chapter 3. Actions · Article 4. Defamation · Last amended 1977 · Last verified July 16, 2026
In one sentenceLets a newspaper, magazine, or periodical defendant sued for insulting words or defamation introduce evidence about the circumstances of publication — source, reliability, prior similar publication elsewhere, good faith, and prompt apology or retraction — to reduce general and punitive damages, but not pecuniary loss, and only to the extent pleaded as grounds of defense.
Full Text of § 8.01-48
Plain-English Summary
In a civil action against the publisher, owner, editor, reporter, or employee of a newspaper, magazine, or periodical brought under § 8.01-45, or for libel or defamation, because of an article, statement, or other matter the publication contained, the defendant may introduce evidence in mitigation of general and punitive damages — whether or not punitive damages are sought — covering all the circumstances of the publication.
Those circumstances include the source of the information, its character as affording a reasonable ground for reliance, any prior publication of similar purport elsewhere, the absence of negligence or malice on the defendant’s part, the defendant’s good faith in making the publication, and whether an apology or retraction, if any, was made with reasonable promptness and fairness.
Two limits bound this mitigation evidence. It reduces general and punitive damages only, not the plaintiff’s actual pecuniary damages. And the defendant may introduce only the circumstances, and to the extent, set out in the defendant’s own grounds of defense.
Frequently Asked Questions
Who can use the mitigation evidence described in this section?
The publisher, owner, editor, reporter, or employee of a newspaper, magazine, or periodical, sued under § 8.01-45 or for libel or defamation because of published material.
Can this evidence reduce all types of damages in a defamation case?
No. It can mitigate general and punitive damages, but it cannot be used to reduce the plaintiff’s actual pecuniary damages.
What kinds of “circumstances of publication” can a media defendant introduce?
The source of the information, its apparent reliability, prior similar publication elsewhere, the defendant’s lack of negligence or malice, the defendant’s good faith, and any prompt and fair apology or retraction.
Does printing a retraction guarantee a lower damages award?
No. A retraction or apology made with reasonable promptness and fairness is one circumstance the defendant may introduce in mitigation, but the section does not guarantee any particular reduction in damages.
Can a media defendant introduce any mitigating circumstance it wants at trial?
No. The defendant may introduce only such circumstances, and to the extent, set forth in the defendant’s own grounds of defense.
Amendment History
Code 1950, § 8-632; 1954, c. 333; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia newspaper defamation mitigation8.01-48 media libel damages defenseretraction reduce damages defamation virginia lawpublisher good faith defense libel virginiava code mitigation evidence newspaper lawsuit