Several matters, while not defenses to an action, may be considered by the trier of fact on the issue of damages. These include: 1. No actual malice 2. Retraction - Unless made immediately after publication so as to negate the defamatory effect of a statement, retraction does not undo the wrong. But the court may consider it to show lack of actual malice in mitigation of damages. A failure to retract after a request to do so is often allowed as evidence to the opposite effect 3.Anger - Anger of the speaker may be a mitigating circumstance if provoked by the plaintiff.