§ 20-11-7 — Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates for office.

South Dakota § 20-11-7

• Jurisdiction: South Dakota
• Title 20: PERSONAL RIGHTS AND OBLIGATIONS
• Ch. 20-11: LIABILITY FOR DEFAMATION

Text

Before any action for libel can be brought against a newspaper or the publisher, editor, or manager thereof, the party aggrieved must at least three days before the commencement of such action serve a notice on the person or persons against whom said action is to be brought specifying particularly the statement or statements claimed to be false and defamatory. If on the trial it appears that such statement or statements were written or published in good faith and with the belief founded upon reasonable grounds that the same were true, and a full and fair retraction of the erroneous matter correcting any and all misstatements of fact therein contained was published in the next issue of the paper, or in the case of a daily paper within three days after the mistake was brought to the attention of the publisher, editor, or manager in as conspicuous type as the original statement and the same position in the paper, the plaintiff will be entitled to recover no punitive damages. But if the libel is against a candidate for office the retraction must also be made editorially in the case of a daily paper at least three days and in the case of a weekly paper at least ten days before the election.

Legislative History

SL 1915, ch 153, § 1; RC 1919, § 96; SDC 1939, § 47.0504; SL 1979, ch 149, § 9.