Okla. Stat. tit. 12, § 12-1450
This is the official text of Okla. Stat. tit. 12, § 12-1450, 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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Online impersonation – Liability - Remedies
Official statutory text
A. As used in this section:
1. "Photograph" means any photograph or photographic
reproduction, still or moving, or any videotape or live television
transmission of any person, such that the person is readily
identifiable. A person shall be deemed to be readily identifiable
from a photograph when one who views the photograph with the naked
eye can reasonably determine that the person depicted in the
photograph is the same person who is complaining of its unauthorized
use, or the person on whose behalf a complaint is being made; and
2. "Social media" means forms of electronic communication
through which users create online communities to share information,
ideas, personal messages and other content.
B. Any person who knowingly uses another's name, voice,
signature, photograph or likeness through social media to create a
false identity without such person's consent, or in the case of a
minor the consent of his or her parent or legal guardian, for the
purpose of harming, intimidating, threatening or defrauding such
person, shall be liable for online impersonation and liable for any
damages sustained by the person or persons injured as a result
Oklahoma Statutes - Title 12. Civil Procedure Page 296
thereof; provided, however, there shall be no liability for any
online impersonation for which the sole purpose is satire or parody.
C. At the time of filing a petition for an action pursuant to
this section, the plaintiff may request an automatic injunction
preventing the continued use of the plaintiff's name, voice,
signature, photograph or likeness. The plaintiff may be awarded
damages as provided in subsection D of this section.
D. Actual damages shall include, but not be limited to, funds
spent related to counseling, identity theft or libel. Any profits
from the unauthorized use of such person's likeness that are
attributable to the use may be considered in the computation of
actual damages. Punitive damages of no less than Five Hundred
Dollars ($500.00) per individual may be awarded to the injured party
or parties. The prevailing party in any action under this section
shall be entitled to attorney fees and costs.
E. This section shall not apply to law enforcement agencies or
their employees acting within the scope of their employment
investigating Internet crimes. Nothing in this section shall be
construed to impose liability on an interactive computer service, as
defined in 47 U.S.C. 230(f), for content provided by another person.
F. The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
1. "Photograph" means any photograph or photographic
reproduction, still or moving, or any videotape or live television
transmission of any person, such that the person is readily
identifiable. A person shall be deemed to be readily identifiable
from a photograph when one who views the photograph with the naked
eye can reasonably determine that the person depicted in the
photograph is the same person who is complaining of its unauthorized
use, or the person on whose behalf a complaint is being made; and
2. "Social media" means forms of electronic communication
through which users create online communities to share information,
ideas, personal messages and other content.
B. Any person who knowingly uses another's name, voice,
signature, photograph or likeness through social media to create a
false identity without such person's consent, or in the case of a
minor the consent of his or her parent or legal guardian, for the
purpose of harming, intimidating, threatening or defrauding such
person, shall be liable for online impersonation and liable for any
damages sustained by the person or persons injured as a result
Oklahoma Statutes - Title 12. Civil Procedure Page 296
thereof; provided, however, there shall be no liability for any
online impersonation for which the sole purpose is satire or parody.
C. At the time of filing a petition for an action pursuant to
this section, the plaintiff may request an automatic injunction
preventing the continued use of the plaintiff's name, voice,
signature, photograph or likeness. The plaintiff may be awarded
damages as provided in subsection D of this section.
D. Actual damages shall include, but not be limited to, funds
spent related to counseling, identity theft or libel. Any profits
from the unauthorized use of such person's likeness that are
attributable to the use may be considered in the computation of
actual damages. Punitive damages of no less than Five Hundred
Dollars ($500.00) per individual may be awarded to the injured party
or parties. The prevailing party in any action under this section
shall be entitled to attorney fees and costs.
E. This section shall not apply to law enforcement agencies or
their employees acting within the scope of their employment
investigating Internet crimes. Nothing in this section shall be
construed to impose liability on an interactive computer service, as
defined in 47 U.S.C. 230(f), for content provided by another person.
F. The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
Status: in_force · Read it on the official government site
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