Chap. 305.—An ACT to amend the Code of Virginia by adding thereto a new
section numbered 6240-a, permitting the introduction of evidence in mitigation
of damages in actions against publishers, owners, editors, reporters and em-
ployees of newspapers, magazines and periodicals under section 5781 of the
Code of Virginia or for libel or defamation. [H B 119]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section numbered
sixty-two hundred and forty-a, which new section shall read as follows:

Section 6240-a. In any civil action against the publisher, owner,
editor, reporter or employee of any newspaper, magazine or periodical
under section fifty-seven hundred and eighty-one of the Code of Vir-
ginia, or for libel or for defamation, because of any article, statement
or other matter contained in any such newspaper, magazine or period-
ical, 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 else-
where of similar purport, the lack of negligence or malice on the part
of the defendant, the good faith of the defendant in such publication;
and 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 which shall be filed in writing at least ten
days before trial.