1. (1) If a timely correction or clarification is no longer possible, the publisher of an alleged defamatory or otherwise actionable statement may offer, at any time before trial, to make a correction or clarification. The offer must be made in writing to the person allegedly harmed by the publication and:

   1. (a) Contain the publisher's offer to:

      1. (i) Publish, at the person's request, a sufficient correction or clarification; and
      2. (ii) Pay the person's reasonable expenses of litigation, including attorneys' fees, incurred before publication of the correction or clarification; and
   2. (b) Be accompanied by a copy of the proposed correction or clarification and the plan for its publication.

2. (2) If the person accepts in writing an offer to correct or clarify made pursuant to subsection (1) of this section:

   1. (a) The person is barred from commencing an action against the publisher based on the statement; or
   2. (b) If an action has been commenced, the court shall dismiss the action against the defendant with prejudice after the defendant complies with the terms of the offer.
3. (3) A person who does not accept an offer made in conformance with subsection (1) of this section may not recover damages for injury to reputation or presumed damages in an action based on the statement; however, the person may recover all other damages permitted by law, together with reasonable expenses of litigation, including attorneys' fees, incurred before the offer, unless the person failed to make a good faith attempt to request a correction or clarification in accordance with RCW 7.96.040 or failed to disclose information in accordance with RCW 7.96.050.
4. (4) On request of either party, a court shall promptly determine the sufficiency of the offered correction or clarification.

[ 2013 c 294 s 9.]