Req. No. 1642 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1047 By: Jett
AS INTRODUCED
An Act relating to defamation; creating the Truth in
Reporting Act; providing short title; stating
legislative findings; defining terms; requiring
certain reporting; providing deadlines for follow-up
reporting; providing elements of notification;
allowing certain action; pr oviding for relief;
providing for immunity in certain circumstances;
providing exception; providing for negotiated
settlement agreements; providing purpose ; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 782 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
This act shall be known and may be cited as the “Truth in
Reporting Act”.
The Legislature finds:
1. The First Amendment to the United States Constitut ion
asserts that the government “shall make no law abridging the freedom
of the press;”
Req. No. 1642 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Freedom of the press in the United States is not absolute
and is subject to certai n restrictions, such as defamati on law;
3. The State has a compelling interest to compel the press to
promote the objective trut h for the sake of the viability of
Democracy and for the safety, health, and welfare of ou r communities
in keeping with the spirit of the due process clause of the
fourteenth amendment and to stop the press fr om serving as a slander
machine;
4. There has been a growing trend for individuals to a buse
process and maliciousl y prosecute someone they disagree with
ideologically by filing spurious cases an d controversies in various
government venues for ulterior mot ives, knowing that certai n
segments of the media that align with their ideology would se rve as
an accomplice by engaging in a form of defamation in -kind by
selectively reporting on the facts of th e original case but not on
the actual outcome in actions whe re the petitioner received les s
relief than originally sought, which cultivates an unjus t
prejudicial conviction in the court of public opinion causing the
accused to be shunned, avoided, and marginalize d and the media
outlet guilty of defamation in -kind to the point that it unduly
decreases the quality of life for the accused ;
5. The pattern of media outlets only reporting on the facts of
a case and controversy bu t not the outcome has incentivized the
abuse of our institutions of justice to the poin t that it threatens
Req. No. 1642 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to erode the community ’s trust in the integrity of di fferent
government institutions, while giving licensed to unaccountable
members of the press to abuse thei r position with impunity by
trampling civil liberties ;
6. The State has a compelli ng interest to compel the press to
promote the truth becaus e without truth, there is no freedom -
freedom comes from the truth;
7. Freedom is not the presence of restrictions nor the absence
of restrictions, but the presence of the right set of restrictio ns
that fit the givenness of our nature, and i n requiring truth in
reporting through the “Truth In Reporting Act (TIRA)” to limit
defamation in-kind will promote the kind of freedom that will
maximize human flourishing for the benefit of everyone to includ e
media outlets.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 783 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
As used in this Act:
1. “Abuse of process” means the act of bringing and following
through with a civil o r criminal action or case and controversy for
a purpose known to be di fferent from the purpose for which the
action was designed. The term includes proceedings that ar e brought
for ulterior reasons than sought on the surface ;
Req. No. 1642 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. “Accused” means a person who is blamed fo r a wrongdoing
before a civil court, ethic s commission, criminal court,
administrative court, or a military tribunal. The term includes a
person who has been arrested o r formally charged by an indictment ,
information, or presentment with a crime or ethical violation. The
terms mean the suspect, respondent, or defendant ;
3. “Case and controversy ” means any civil, criminal, or ethical
proceedings before an y governmental, state, federal, and
administrative court, ethics commission, militar y tribunal, or
legislative body;
4. “Court of public opinion ” means the general community
consensus or opinion ;
5. “Defamation” means a false and unprivileged statement of
fact that is harmful to someone’s reputation, and published with
fault, meaning as a result of negligence or malice ;
6. “Defamation in-kind” means the failure of a media outlet to
report on the outcome of a cas e and controversy after it reported on
the initial filings o f a case and controversy i n which the
petitioner ended up receiving less relief than originally sought or
could have obtained, which could reasonably cultivate in a
conviction in the court of publi c opinion by placing the accused in
a false light that caus es him to be avoided, marginalized, and
shunned by the general public ;
7. “False light” means an untrue or misleading portra yal;
Req. No. 1642 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. “Malicious prosecution ” is the act of initiating a criminal
prosecution or civil suit or other proceedings against another party
with malice and without probable cause ;
9. “Media outlet” means a publication or broadcast program that
provides news and feature stories to the public through various
distribution channels. Media outlets include newspapers, magazines,
radio stations, television stations, and certain website s on the
Internet and are part of the press . A media outlet does not involve
a person who does not work in the press as a profession or who does
not regularly engage in the business of reporting the news ;
10. “Mugshot” refers to an official photograph taken after the
accused suspect is arreste d for an alleged criminal violation. The
intended purpose of the mugshot is to allow la w enforcement to have
a photographic record of the arrested individual. Mugshots are also
intended to be used for identification by victims an d investigators.
Usually, mugshots are two-part, one side-view photo, and another
front-view;
11. “Petitioner” means a person or government body who presents
a petition to a governmen t authority or institution in respect of a
particular cause. The term means plaintiff, prosecutor, claimant,
or complainant; and
12. “Press” means the people such as reporters and
photographers who work for newspape rs, magazines, television,
websites, and radio out lets.
Req. No. 1642 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 3. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 784 of Title 21, unless there is
created a duplication in num bering, reads as follows :
A. A media outlet is required to provide equal coverage in
comparable time, place , magnitude, prominence, scale, and manner in
the same format as the original reportin g of a case and controvers y,
if and only if:
1. The media outlet reported on the fact s of the case and
controversy and the final verdict provided less relief agains t the
accused than originally sought b y the petitioner or less than co uld
have been obtained by the petitioner; an d
2. The accused or the authorized ag ent of the accused sends an
electronic or writte n notice demand to an autho rized agent of the
media outlet within twenty (20) days after the verdict or outcome,
demanding that the fact s surrounding the final and actua l decision
or outcome be reported and p ublished as a follow-up to the original
reporting.
B. In the written notif ication described in subsection A of
this section, the accused o r the authorized agent of the accused
must include:
1. The date and source of the first reporting by the media
outlet;
2. A short description of the original allegations, the
original relief sought by the petitioner, or the amount of relief
Req. No. 1642 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
that could have been obtained, and a shor t description of the final
outcome and the relie f actually awarded;
3. The location of the venue where the case a nd controversy was
resolved and the docket number of the case and controversy, if one
was assigned;
4. An acknowledgment that th e positions asserted in the notice
demand are declared under oath under the penalty of perjury pursu ant
to 28 U.S.C. Sec. 1746;
C. In the notice demand described in subsection A of this
section, the accused or th e authorized agent of the accused may
include:
1. A photograph of the accused that authorizes the media outlet
to use at its discretion;
2. Links to or a hard copy of t he original coverage published
by the media outlet;
3. A demand to take down any unflattering pictures or mugshot
of the accused that were used in the original publication; an d
4. Any other facts or pertinent information that could be
relevant.
D. If a media outlet reports on the facts of a case and
controversy and displays the mugshot of the accused, and the accused
is acquitted, enters into a plea of no contest, or receives a n
outcome more favorable than originally sought by the petitioner or
Req. No. 1642 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
available to the petitioner and if the accused has complied with
subsection A of this section:
1. The media outlet shall take down or remove the mugshot from
any digital publication, if possible, at the request of the accused ;
and
2. The media outlet shall not di splay the mugshot in the
follow-up publication that reports on the actual outcome of the case
and controversy and shall onl y display images that it has the
authorization to use .
E. If the result of a civil trial is settled und er the terms of
a private settlement agreement, the accused is not required to
provide the terms of th e private settlement agreement bu t can alert
the media outlet that the case and controversy was settled .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 785 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
A. After receiving the notice demand by the accused described
in subsection A of Section 3 of this act, a media outlet that
reported on the facts of the case and controversy prior t o its
resolution has ten (10) days to comply with subsection A of Section
3 of this act, by publishing the follow-up story that reports on the
actual outcome. The accused will have the burden o f proof at a
civil trial to show that the notice was timely se rved on the media
Req. No. 1642 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
outlet and met the requirements of subsection A of Section 3 of this
act.
B. If the media outlet fails to comply with the notice demand
within ten (10) days, the accused has one (1) year to file suit from
the day of non-compliance and can seek the following relief in the
court of competent jurisdiction against the media outlet :
1. Up to Ten Thousand Dollars ($10,000.00) in statutory
damages;
2. Attorney fees and costs;
3. Actual damages; and
4. Other forms of equitable and injunctive relief.
C. If multiple media outlets fail to comply with the notice
demand subjected to th e jurisdiction of this court, they can be
added as co-defendants in a consolidated case t o conserve judicial
economy.
D. If the media outlet, displayed the mugshot of the accused in
the original publication a s described in subsection D of Section 3
of this act in a digital format, the accused can see k injunctive
relief to have the media outlet remove the imag e.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 786 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
A. A media outlet is immune and exempt fr om liability under
this act if it:
Req. No. 1642 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Is known to publish satire or parody or admits that it is a
fake news outlet that is purposed to tra ffic in fiction for comedic
or entertainment purposes .
2. Reports on the facts of the outcom e in a comparable time,
place, magnitude, prominence, scale and manner of th e original
publication prior to receiving the notice demand from the accused ;
3. Receives an untimely notice demand from the accused more
than twenty (20) days after the date of the verdict;
4. Never reported on the case and controversy prior to the
decision being reach ed.
B. The petitioner has no standing under this statute to make a
media outlet report on th e outcome of a case and controversy
regardless of the outcome. Neither the petitione r nor the accused
have standing to compel a media outlet to report on the case and
controversy after it is filed .
C. If a media outlet reported on a case and controversy
involving one or more felon y charges and the accused was convicted
or pled guilty to one fe lony count, the accuse d lacks standing to
enforce this act.
D. This act does not apply to a media outlet that publishes a
documentary, film, or an extensive investigative report regarding a
case and controversy.
Req. No. 1642 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 787 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
A. An accused has the right to waive his rights under this act
as a part of a negot iated settlement agreement.
B. A court of competent jurisdiction has the discretion to not
acknowledge that waiver o f rights described in subsection A of this
Section if there is any eviden ce that the waiver was undertaken
under coercion or duress .
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 788 of Title 21, unless there is
created a duplication in numb ering, reads as follows:
The purpose of this act is to :
1. Prevent unchecked media outlets from acting as slander
machines that engage in defamation in -kind, mislead the general
public, or erode the integrity of the institutions of justice
through the selective repor ting of certain cases an d controversies
in a manner that could cause the accused to be shunned and avoided
by the general public due to a cloud of suspicion o f wrongdoing that
does not exactly align with the original allegations and the final
outcome;
2. Protect the integrity of the press and encourage good
character of the members of the press cor ps;
Req. No. 1642 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Deter malicious prosecution, abuse of proces s, prosecutors
from overcharging defendants, and plainti ffs from seeking excessive
reliefs in their original cause complaint;
4. Promote a mercy centric justice system; an d
5. Deter convictions in the court of publi c opinion that do not
necessarily align with convictions handed down by our institutions
of justice.
SECTION 8. It being immediat ely necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-1642 TEK 1/19/2023 1:00:48 PM