In the actions mentioned in the last section, the defendant may allege the truth of the matter charged as defamatory, and may prove the same, and any mitigating circumstances, to reduce the amount of damages, or he may prove either.
§ 304.Truth As Defense In Libel Or Slander - Mitigation
Chapter 8: Pleadings · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 304 lets a defendant in a libel or slander action plead and prove the truth of the allegedly defamatory statement, or prove mitigating circumstances to reduce damages, and lets the defendant rely on just one of the two.
Full Text of § 304
Amendment History
R.L. 1910, § 4777.
Plain-English Summary
This section gives defendants in libel and slander cases two distinct paths, usable together or separately. A defendant may allege and prove that the statement charged as defamatory was true — a complete defense. Or a defendant may prove mitigating circumstances that don't establish truth but can still reduce the damages awarded. The statute lets the defendant rely on either one without needing to raise both.
Frequently Asked Questions
Is truth a complete defense to a libel or slander claim in Oklahoma?
Section 304 lets the defendant allege and prove the truth of the statement charged as defamatory, as a defense in the actions Section 303 addresses.
Can a defendant argue mitigating circumstances without proving the statement was entirely true?
Yes. The statute lets a defendant prove mitigating circumstances to reduce damages, and it lets the defendant rely on either truth or mitigation alone.
Do truth and mitigation have to be raised together in an Oklahoma defamation case?
No, the text specifically lets a defendant prove either one without the other.
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: truth defense to defamation oklahomamitigating circumstances libel slander damagesoklahoma libel slander defense statute