N.D. Cent. Code § 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.