Oklahoma § 12-1446

§ 12-1446.

1986.

Repealed by Laws 1986, c. 315, § 18, emerg. eff. June 24,

§12-1446a. Good faith in publishing libel - Retraction - Actual

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

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.

Added by Laws 1941, p. 37, § 1.

§12-1446b. "Newspapers" or "periodicals" defined.

Newspapers or periodicals shall, for the purpose of this act, be

considered publications having admission to the mails as second

class mail matter and having all the other qualifications of a legal

newspaper as defined in Chapter 1, Article 1, Session Laws 1935.

Added by Laws 1941, p. 38, § 2.