Okla. Stat. tit. 12, § 12-1446a
This is the official text of Okla. Stat. tit. 12, § 12-1446a, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Good faith in publishing libel - Retraction - Actual
Official statutory text
damages only - Jury question - Exceptions.
In an action for damages for the publication of a libel in a
newspaper or periodical, if the evidence shows that the article was
published in good faith and that its falsity was due to an honest
mistake of the facts, and the question of "honest mistake" shall be
Oklahoma Statutes - Title 12. Civil Procedure Page 289
a question of fact to be determined by a jury, unless a jury be
waived by the parties, the plaintiff shall be entitled to recover
actual damages only unless a retraction be requested and refused as
hereinafter provided. The person claiming to have been libeled
shall notify the publisher, either orally or in writing, stating or
setting forth the particular matter claimed to be libelous and
requesting that the same be retracted. If a retraction, headed
"RETRACTION" in eighteen-point type or larger, be published on the
same page and in the same type as were the statements complained of,
in two regular issues of said newspaper or periodical, published
within a reasonable time, but not to exceed two (2) weeks after such
notice in a weekly newspaper, or not to exceed one (1) week in a
daily newspaper, the publication of said retraction shall be full
and complete satisfaction as to all other than actual damages, and
the plaintiff shall not be entitled to recover other than actual
damages on account of such erroneous published matter. If such a
retraction be not so published, plaintiff may recover such damages
as are provided by the statutes of this state, if his cause of
action be maintained. This section shall not apply to any libel
imputing unchastity to a woman; nor in any case in which the
evidence shows the publication was made maliciously or with a
premeditated intention and purpose to injure, defame or destroy the
reputation of another or to injuriously alter a person's reputation;
nor to anonymous communications or publications, and provided
further that this section shall not apply to any article pertaining
to any candidate for any public office when said article is
published within three (3) weeks of the date of the primary, runoff
primary, special or general election, as the case may be.
In an action for damages for the publication of a libel in a
newspaper or periodical, if the evidence shows that the article was
published in good faith and that its falsity was due to an honest
mistake of the facts, and the question of "honest mistake" shall be
Oklahoma Statutes - Title 12. Civil Procedure Page 289
a question of fact to be determined by a jury, unless a jury be
waived by the parties, the plaintiff shall be entitled to recover
actual damages only unless a retraction be requested and refused as
hereinafter provided. The person claiming to have been libeled
shall notify the publisher, either orally or in writing, stating or
setting forth the particular matter claimed to be libelous and
requesting that the same be retracted. If a retraction, headed
"RETRACTION" in eighteen-point type or larger, be published on the
same page and in the same type as were the statements complained of,
in two regular issues of said newspaper or periodical, published
within a reasonable time, but not to exceed two (2) weeks after such
notice in a weekly newspaper, or not to exceed one (1) week in a
daily newspaper, the publication of said retraction shall be full
and complete satisfaction as to all other than actual damages, and
the plaintiff shall not be entitled to recover other than actual
damages on account of such erroneous published matter. If such a
retraction be not so published, plaintiff may recover such damages
as are provided by the statutes of this state, if his cause of
action be maintained. This section shall not apply to any libel
imputing unchastity to a woman; nor in any case in which the
evidence shows the publication was made maliciously or with a
premeditated intention and purpose to injure, defame or destroy the
reputation of another or to injuriously alter a person's reputation;
nor to anonymous communications or publications, and provided
further that this section shall not apply to any article pertaining
to any candidate for any public office when said article is
published within three (3) weeks of the date of the primary, runoff
primary, special or general election, as the case may be.
Status: in_force · Read it on the official government site
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