In Pham v. Lee et al., Case No. 1-12-CV-228332 (Cal. Ct. App., 6th Dist., order entered December 11, 2014), the California Court of Appeal held that the retraction demand provision of California’s defamation statute did not apply to an online review. Cal. Civ. Code section 48a states: “[i]n any action for damages for the publication of a libel in a newspaper, or of a slander by radio broadcast, plaintiff shall recover no more than special damages unless a correction be demanded and be not published or broadcast…” The court held this language expressly limited the provision to libel published in newspapers or slander by radio broadcast. The case involved an ophthalmologist, Dr. Randal Pham, who filed a defamation action against Jenny and Alvin Lee (“Lees”) for reviews they published about him online. The Lees moved to strike the suit under California’s anti-SLAPP statute, and the trial court denied the motion. On appeal, the Lees contended that Dr. Pham’s action must be stricken because he failed to demand a retraction under Cal. Civ. Code section 48a. The appeal court found this argument meritless, citing the provision’s limiting language and the fact it provides no grounds for a motion to strike. The appeal court affirmed the trial court’s judgment, concluding Dr. Pham had shown a probability of prevailing on the merits, and that the trial court didn’t err in denying the motion to strike.