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§ 1441.Libel Defined

Chapter 25: Slander and Libel · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceDefines libel under Oklahoma law as a false, malicious, and unprivileged publication -- by writing, print, picture, effigy, or other fixed visual representation -- that exposes a person to public hatred, contempt, ridicule, or loss of standing, or that vilifies the memory of someone who has died.

Full Text of § 1441

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Libel is a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule or obloquy, or which tends to deprive him of public confidence, or to injure him in his occupation, or any malicious publication as aforesaid, designed to blacken or vilify the memory of one who is dead, and tending to scandalize his surviving relatives or friends.

Amendment History

R.L. 1910, §§ 2380, 4956.

Plain-English Summary

Libel under this section is a fixed, visual falsehood, not a spoken one -- something written, printed, drawn, or represented in a picture or effigy. To qualify, the publication must be false, malicious, and unprivileged, and it must expose the person to public hatred, contempt, or ridicule, or hurt their standing in the community or their livelihood.

The definition doesn't stop at death. A malicious publication meant to blacken a dead person's memory counts as libel too, so long as it tends to scandalize the people who survive them.

Frequently Asked Questions

What makes a false statement libel instead of just an insult?

Under Section 1441, it has to be a false, malicious, unprivileged publication -- something written, printed, pictured, or otherwise fixed to be seen -- that exposes the person to public hatred, contempt, or ridicule, or damages their standing or livelihood.

How is libel different from slander in Oklahoma?

Libel is fixed and visual -- writing, print, pictures, or effigies -- while slander, defined in the next section, is a false spoken statement.

Can you libel someone who has already died?

Yes. The statute covers a malicious publication designed to blacken or vilify a dead person's memory, as long as it tends to scandalize their surviving relatives or friends.

Does a publication have to be intentional to count as libel?

The statute requires that the publication be false and malicious, which points to more than an innocent slip -- Section 1443.1 separately defines what makes a publication privileged and therefore exempt.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
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