6.03.040 Notice and Demand Before Certain Actions for Libel

Before any action for libel can be brought against a newspaper or the publisher, editor, or manager thereof, other than libel of or concerning a female, the party aggrieved must, at least three (3) 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, at the trial, it appears that such statement or statements were published in good faith and with the belief founded upon reasonable grounds that the same were true, 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 newspaper within three (3) 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 (3) days and in the cast of a weekly, biweekly or monthly paper at least ten (10) days before the election.