1.    A correction or clarification is timely if it is published before, or within forty-five days after, receipt of a request for correction or clarification, unless the period is extended under section 32-43-04.

Terms Used In North Dakota Code 32-43-06

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

2.    A correction or clarification is sufficient if it:

a.    Is published with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of;

b.    Refers to the statement being corrected or clarified and:

(1) Corrects the statement;

(2) In the case of defamatory meaning arising from other than the express language of the publication, disclaims an intent to communicate that meaning or to assert its truth; or

(3) In the case of a statement attributed to another person, disclaims an intent to assert the truth of the statement; and

c.    Is communicated to the person who has made a request for correction or clarification.

3.    A correction or clarification is published in a medium reasonably likely to reach substantially the same audience as the publication complained of if it is published in a later issue, edition, or broadcast of the original publication.

4.    If a later issue, edition, or broadcast of the original publication will not be published within the time limits established for a timely correction or clarification, a correction or clarification is published in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of if:

a.    It is timely published in a reasonably prominent manner in another medium likely to reach an audience reasonably equivalent to the original publication or, if the parties cannot agree on another medium, in the newspaper with the largest general circulation in the region in which the original publication was distributed;

b.    Reasonable steps are taken to correct undistributed copies of the original publication, if any; and

c.    It is published in the next practicable issue, edition, or broadcast, if any, of the original publication.

5.    A correction or clarification is timely and sufficient if the parties agree in writing that it is timely and sufficient.