Does a person have to establish a special standard of malice to win a defamation claim?
In Oklahoma, a person does not need to establish a special standard of malice in order to win a defamation claim. Defamation law is a form of civil law, meaning that a person can sue for damages caused by the publication of false and damaging information about them. Oklahoma law requires that the defamatory statement be “false and malicious” and that the statement must be published to a third party. In determining whether a statement is false and malicious, Oklahoma courts consider several factors, including the actual truth of the statement, the context in which it was published, and the intent of the person making the statement. A statement that was true, but was nonetheless published with the intent to injure an individual’s reputation, is also considered to be false and malicious. In Oklahoma, the plaintiff must also show that the statement caused them damage. This could include economic or emotional harm such as loss of employment opportunities, loss of reputation, or damage to personal relationships. In conclusion, although Oklahoma does not require a person to establish a special standard of malice in order to win a defamation claim, they must prove that the statement was false and malicious, that it was published to a third party, and that it caused them some kind of harm.
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