Oklahoma Statutes

Okla. Stat. tit. 12, § 1444.1 (2026)

Pleading - Proof - Defenses

✓ current as of July 2026

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In all civil actions to recover damages for libel or slander, it shall be sufficient to state generally what the defamatory matter was, and that it was published or spoken of the plaintiff, and to allege any general or special damage caused thereby. As a defense thereto the defendant may deny and offer evidence to disprove the charges made, or he may prove that the matter charged as defamatory was true and, in addition thereto, that it was published or spoken under such circumstances as to render it a privileged communication. Added by Laws 1981, c. 21, § 2, operative April 7, 1981.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1984–2025 · leading case: Krimbill v. Talarico, 417 P.3d 1240 (Okla. Civ. App. 2017).

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Krimbill v. Talarico, 417 P.3d 1240 (Okla. Civ. App. 2017). · cites it 2× “As discussed above, however, privilege is an affirmative defense pursuant to 12 O.S. 2011§ 1444.1. Thus, Defendants bear the burden of showing privilege as a matter of law in order to obtain summary dismissal of Krimbill's suit.”

Tatum v. Philip Morris Inc., 809 F. Supp. 1452 (W.D. Okla. 1992). · cites it 2× “Okla.Stat. tit. 12, § 1444.1. In a defamation case, it must be determined, under all of the existing circumstances, that the recipients of the alleged communication attributed the same defamatory imputations as the plaintiff did to the language used in the communication.”

Eastwood v. Nat'l Bank of Com., Altus, Okl., 673 F. Supp. 1068 (W.D. Okla. 1987). “2d 288, 294 (Alaska 1983); Okla.Stat. tit. 12, § 1444.1, for which special damages need not be alleged, see Okla.”

Metcalf v. KFOR-TV, INC., 828 F. Supp. 1515 (W.D. Okla. 1992). “As a practical matter, however, whether the statements alleged to be defamatory herein involve matters of public concern or of a purely private concern makes no difference in the outcome of this motion inasmuch as Defendant has demonstrated the non-existence of a material issue…”

Drake v. Park Newspapers of Ne. Oklahoma, Inc., 683 P.2d 1347 (Okla. 1984). · cites it 3× “1, provides: “In all civil actions to recover damages for libel or slander, it shall be sufficient to state generally what the defamatory matter was, and that it was published or spoken of the plaintiff, and to allege any general or special damage caused thereby.”

Malson v. Palmer Broad. Grp., 963 P.2d 13 (Okla. Civ. App. 1998). “12 O.S.1991 § 1444.1. The trial court granted the station’s motion *15 and again entered summary judgment in its favor.”

Swadley's Foggy Bottom Kitchen v. Breuklander, 2025 OK CIV APP 32 (Okla. Civ. App. 2025). · cites it 3× “12 O.S. 2021 § 1444.1 In all civil actions to recover damages for libel or slander, it shall be sufficient to state generally what the defamatory matter was, and that it was published or spoken of the plaintiff, and to allege any general or special damage caused thereby.”

Tanner v. W. Publ'g Co., 682 P.2d 239 (Okla. Civ. App. 1984). “12 O.S.1981 § 1444.1. The question for review as seen by plaintiff is this: “Is the subject publication purely rhetorical and composed of figurative speech so that as a matter of law, it cannot reasonably be interpreted to be a factual assertion (of the imputation of crime) .”

Gallegly v. Cordell Mem'l Hosp. Found. (W.D. Okla. 2023). “” Okla. Stat. tit. 12, § 1444.1 . Nevertheless, “Oklahoma's adoption of notice pleading has not eliminated the need to allege special damages when libel or slander per quod is claimed.”

Jacobs v. Delta Air Lines (10th Cir. 1998). “at 1471 ; Okla. Stat. Ann. tit. 12, § 1444.1 (West 1993).”

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