Oklahoma Statutes

Okla. Stat. tit. 12, § 1446a (2026)

Good faith in publishing libel - Retraction - Actual

✓ current as of July 2026

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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

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.

Notes of Decisions

Cited in 5 cases, 1977–2014 · leading case: Weaver v. Pryor Jeffersonian, 569 P.2d 967 (Okla. 1977).

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Weaver v. Pryor Jeffersonian, 569 P.2d 967 (Okla. 1977). “(12 O.S.1971, § 1446a) 5 . Washington v. World Publishing Co.”

Strong v. Oklahoma Publ'g Co., 899 P.2d 1185 (Okla. Civ. App. 1995). “However existence of an honest mistake is reserved as a question of fact for the jury.”

Hetherington v. Griffin Television, Inc., 430 F. Supp. 493 (W.D. Okla. 1977). “It is a matter of defense or mitigation of damages in that the printing of the retraction would have reduced the damages recoverable and to show a constitutionally-based reason for not airing the retraction may conceivably achieve a like result.”

Monks v. Hetherington, 430 F. Supp. 491 (W.D. Okla. 1977). “The complaint sets forth that on February 5, 1976, the plaintiff television station received a demand for a retraction pursuant to 12 O.S.1971 §§ 1446a and 1447.5. The plaintiffs maintain that the broadcast was true and asserted that to the extent the broadcast accused the…”

In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014). “Comments 12 O.S. 2011 § 1446a provides: 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…”

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