§ 32-43-03 — Request for correction or clarification

1. A person may maintain an action for defamation only if the person has made a timely
and adequate request for correction or clarification from the defendant or the
defendant has made a correction or clarification.
2. A request for correction or clarification is timely if made within the period of limitation
for commencement of an action for defamation. However, a person who, within ninety
days after knowledge of the publication, fails to make a good-faith attempt to request a
correction or clarification may recover only provable economic loss.
3. A request for correction or clarification is adequate if the request:
a. Is made in writing and reasonably identifies the person making the request;
b. Specifies with particularity the statement alleged to be false and defamatory and,
to the extent known, the time and place of publication;
c. Alleges the defamatory meaning of the statement;
d. Specifies the circumstances giving rise to any defamatory meaning of the
statement which arises from other than the express language of the publication;
and
e. States that the alleged defamatory meaning of the statement is false.
4. In the absence of a previous adequate request, service of a summons and complaint
stating a claim for relief for defamation and containing the information required in
subsection 3 constitutes an adequate request for correction or clarification.
5. The period of limitation for commencement of a defamation action is tolled during the
period allowed in section 32-43-06 for responding to a request for correction or
clarification.