Defamation and Online Harassment Laws in Oklahoma

Oklahoma's civil code defines libel (a false or malicious, unprivileged publication in writing, print, pictures or another fixed form) and slander (a false, unprivileged publication other than libel, such as a spoken statement). Courts fill in the rest, requiring a false and defamatory statement about the plaintiff, unprivileged publication to a third party, fault, and either harm that is presumed by law or proof of special damages.

Sources112 O.S. § 1441 (definition of libel)212 O.S. § 1442 (definition of slander)3Sturgeon v. Retherford Publications, 1999 OK CIV APP 78, 987 P.2d 1218

Oklahoma's criminal code still makes libel a crime punishable by up to one year in county jail, a fine of up to $1,000, or both, and a separate statute punishes knowingly spreading a false rumor that harms someone's character with 30 to 120 days in jail, a fine of $100 to $500, or both. In 1983 the Oklahoma Court of Criminal Appeals rejected a vagueness and overbreadth challenge to the false-rumor statute, reading it narrowly to cover only factual statements the speaker knows are false.

Sources421 O.S. § 771 (criminal libel defined)521 O.S. § 773 (punishment for libel)621 O.S. § 781 (false rumors of a slanderous nature)7Pegg v. State, 1983 OK CR 26, 659 P.2d 370

Oklahoma gives a plaintiff one year to file a lawsuit for libel or slander. The same one-year deadline applies to several other personal claims, such as assault and malicious prosecution.

Source812 O.S. § 95(A)(4)

Related guide: Statute of limitations for defamation in every state

By statute, slander covers false statements that accuse someone of a crime, claim they have an infectious or loathsome disease, harm them in their job or business, or impute impotence or lack of chastity, plus any false statement that actually causes damage. Courts treat a writing as libel per se when it can only be read one way, that way is insulting, and it clearly refers to the plaintiff; if a statement is not defamatory per se, the plaintiff must plead and prove special damages.

Sources212 O.S. § 1442 (definition of slander)3Sturgeon v. Retherford Publications, 1999 OK CIV APP 78, 987 P.2d 1218

Related guide: What defamation per se means

The Oklahoma Citizens Participation Act, in force since November 1, 2014, lets a defendant move to dismiss a lawsuit based on their exercise of free speech, petition or association rights, generally within 60 days of being served, and discovery is generally paused while the motion is pending. If the defendant shows the suit targets that protected activity, the court must dismiss it unless the plaintiff presents clear and specific evidence of each essential element of the claim, and it must also dismiss if the defendant proves a valid defense. When a case is dismissed, the court awards the defendant costs and reasonable attorney fees as justice and equity may require, plus sanctions meant to deter similar suits.

Sources912 O.S. § 1430 (title and purpose)1012 O.S. § 1432 (motion to dismiss)1112 O.S. § 1434 (ruling and standard of proof)1212 O.S. § 1438 (attorney fees, costs and sanctions)13Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Oklahoma

Related guide: Anti-SLAPP laws by state

For libel in a newspaper or periodical published in good faith due to an honest mistake of fact, the plaintiff can recover only actual damages unless they request a retraction and the publisher refuses. A retraction printed as the statute requires (headed "RETRACTION", on the same page, in two regular issues within one week for a daily or two weeks for a weekly) limits recovery to actual damages; the rule does not apply to malicious or anonymous publications or to articles about candidates published within three weeks of an election.

Source1412 O.S. § 1446a (article published in good faith; retraction)

Truth is a defense, and statements made in legislative or judicial proceedings, in the proper discharge of an official duty, or in a fair and true report of official proceedings are privileged and cannot be the basis of a libel claim. Courts also recognize a fair comment defense for genuine opinions on matters of public concern based on true or privileged facts. Private plaintiffs must show at least negligence, while public officials and public figures must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth.

Sources1512 O.S. § 1444.1 (pleading, proof and defenses)1612 O.S. § 1443.1 (privileged communications)3Sturgeon v. Retherford Publications, 1999 OK CIV APP 78, 987 P.2d 121817Gaylord Entertainment Co. v. Thompson, 1998 OK 30, 958 P.2d 128

Oklahoma's stalking law makes it a felony to willfully, maliciously and repeatedly follow or harass someone in a way that frightens or intimidates them, with up to 3 years in prison for a first offense and longer terms for repeat offenses or violations of a protective order. The listed conduct includes repeated electronic messages, electronic monitoring, posting content on websites or apps, and contacting a victim's family, employer or friends online to get or spread information about the victim.

Source1821 O.S. § 1173 (stalking)

Related guide: Cyberstalking laws explained

It is a misdemeanor to use a phone or other electronic device, including social media posts, email and messaging, to threaten, terrify, intimidate or harass someone, or to send anonymous messages meant to annoy, abuse or harass. A second conviction is a felony.

Source1921 O.S. § 1172 (threats or harassment by electronic communication)

Related guide: Online harassment laws explained

Oklahoma's doxxing law is limited to certain groups: it is a misdemeanor to use an electronic device to publish the personally identifiable information of a peace officer, public official, election official, medical care provider or crime victim with intent to threaten, intimidate or harass, if it puts that person in reasonable fear of death or serious bodily injury. A first offense carries up to six months in county jail, a fine of up to $1,000, or both, with higher penalties for repeat offenses.

Source2021 O.S. § 1176 (publishing personal information of officials, medical providers and victims)

Related guide: Is doxxing illegal?

Sharing a private sexual image of someone without consent, when it was obtained under circumstances showing it was meant to stay private, is a crime, and the law also covers AI-generated or edited sexual depictions shared with intent, or reckless disregard, to harass or harm the person shown. A basic offense is a misdemeanor (up to one year in jail, a $1,000 fine, or both); it becomes a felony when the offender gains or tries to gain money or anything of value from it, or shares three or more images within six months, and the court can order the offender to remove the images if they are able to.

Source2121 O.S. § 1040.13b (nonconsensual dissemination of private sexual images)