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
§ 1446a.Good Faith In Publishing Libel - Retraction - Actual Damages Only - Jury Question - Exceptions
Chapter 25: Slander and Libel · Last amended May 17, 1941 · Last verified August 3, 2026
In one sentenceLimits a newspaper or periodical libel plaintiff to actual damages when the false article was published in good faith and the falsity came from an honest mistake, unless a requested retraction goes unpublished -- with exceptions for statements imputing unchastity to a woman, malicious publications, anonymous publications, and certain pre-election articles about candidates.
Full Text of § 1446a
(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.
Amendment History
Laws 1941, SB 113, p. 37 § 1, emerg. eff. 5/17/1941.
Plain-English Summary
Section 1446a protects a newspaper or periodical that published a false, libelous article in good faith, where the falsity traces to an honest mistake of fact. Whether the mistake was honest is a question for the jury, unless the parties waive one. When that good-faith standard is met, the plaintiff can recover only actual damages -- not the fuller range of damages otherwise available -- unless the plaintiff asked for a retraction and didn't get one that met the statute's requirements.
To trigger that fuller recovery, the person claiming to have been libeled must notify the publisher, orally or in writing, identifying the libelous matter and asking for a retraction. The retraction itself has to meet specific requirements: headed "RETRACTION" in eighteen-point type or larger, published on the same page and in the same type size as the original statements, and printed in two regular issues within two weeks of the notice for a weekly publication or one week for a daily. A retraction that meets those terms fully satisfies everything but actual damages; if the publisher doesn't publish one, the plaintiff can recover the fuller range of damages the law otherwise allows.
The protection has limits. It doesn't apply to a libel imputing unchastity to a woman, to a publication made maliciously or with a premeditated intent to injure or destroy someone's reputation, or to anonymous communications. It also doesn't apply to an article about a candidate for public office published within three weeks of a primary, runoff primary, special, or general election.
Frequently Asked Questions
What happens if a newspaper makes an honest mistake and prints a false story?
If the article was published in good faith and the falsity came from an honest mistake -- a question the jury decides unless waived -- the plaintiff can recover only actual damages, unless a proper retraction was requested and never published.
How do you request a retraction from an Oklahoma newspaper?
The person claiming to have been libeled must notify the publisher, orally or in writing, identifying the specific matter claimed to be libelous and asking that it be retracted.
What has to be in a valid retraction under this statute?
It must be headed "RETRACTION" in eighteen-point type or larger, printed on the same page and in the same type as the original statements, and published in two regular issues within two weeks (weekly papers) or one week (daily papers) of the notice.
Does this good-faith protection apply to every libel case against a newspaper?
No. It doesn't cover libel imputing unchastity to a woman, publications made maliciously or with intent to injure someone's reputation, anonymous publications, or articles about a candidate published within three weeks of an election.
Who decides whether the newspaper's mistake was honest?
The jury decides that question of fact, unless the parties waive a jury.
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
Also known as: oklahoma newspaper retraction statute12 O.S. § 1446alibel retraction requirements oklahomagood faith mistake newspaper libel oklahoma