Oklahoma § 12-1450 - Online impersonation – Liability - Remedies

§ 12-1450. Online impersonation – Liability - Remedies

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

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.

Added by Laws 2016, c. 291, § 2, eff. Nov. 1, 2016.