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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
House Bill 3564
Ordered by the House April 10
Including House Amendments dated April 10
Sponsored by Representative HARBICK; Representatives DIEHL, SKARLATOS, YUNKER, Senator STARR
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: The Act changes the law about how to ask a publisher to correct or retract a statement.
(Flesch Readability Score:65.1).
Modifies provisions relating to demands for correction or retraction of a published defamatory
statement.
A BILL FOR AN ACT
Relating to published defamatory statements; amending ORS 31.205, 31.210, 31.215 and 31.220.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 31.205 is amended to read:
31.205. Except as provided in ORS 31.210, in an action for damages on account of a defamatory
statement published or broadcast in a printed or electronic newspaper, magazine[,] or other
[printed] periodical, or by radio, television or motion pictures, the plaintiff may recover any general
and special damages [which] that, by competent evidence, the plaintiff can prove to have suffered
as a direct and proximate result of the publication of the defamatory statement.
SECTION 2. ORS 31.210 is amended to read:
31.210. (1) In an action for damages on account of a defamatory statement published or broad-
cast in a printed or electronic newspaper, magazine[,] or other [printed] periodical, or by radio,
television or motion pictures, the plaintiff shall not recover general damages unless:
(a) A correction or retraction is demanded but not published as provided in ORS 31.215; or
(b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended
to defame the plaintiff.
(2) Where the plaintiff is entitled to recover general damages, the publication of a correction
or retraction may be considered in mitigation of damages.
SECTION 3. ORS 31.215 is amended to read:
31.215. (1) [The] A demand for correction or retraction [shall] of a defamatory statement must
be in writing, signed by the defamed person or the attorney of the person and be delivered to the
publisher of the defamatory statement, either personally, by registered mail or by certified mail with
return receipt at the publisher’s place of business or residence within [20] 40 days after the defamed
person receives actual knowledge of the defamatory statement. The demand [ shall] must specify
which statements are false and defamatory and request that they be corrected or retracted. The
demand may also refer to the sources from which the true facts may be ascertained with accuracy.
[(2) The publisher of the defamatory statement shall have not more than two weeks after receipt
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4328 A-Eng. HB 3564
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of the demand for correction or retraction in which to investigate the demand; and, after making such
investigation, the publisher shall publish the correction or retraction in:]
[(a) The first issue thereafter published, in the case of newspapers, magazines or other printed pe-
riodicals.]
[(b) The first broadcast or telecast thereafter made, in the case of radio or television stations.]
[(c) The first public exhibition thereafter made, in the case of motion picture theaters.]
(2) The publisher of the allegedly defamatory statement shall investigate the demand for
correction or retraction within two weeks after receiving the demand. If the publisher agrees
to the demand for correction or retraction, and the defamatory statement was published via:
(a) A printed newspaper, magazine or other periodical, the publisher shall publish the
correction or retraction in the first issue thereafter made.
(b) An electronic newspaper, magazine or other periodical, the publisher shall imme-
diately place a link to the correction or retraction on any page containing the defamatory
statement or retract the defamatory statement by removing the defamatory statement from
the electronic newspaper, magazine or other periodical.
(c) A radio or television station, the publisher shall publish the correction or retraction
in the first broadcast or telecast thereafter made.
(d) A motion picture theater, the publisher shall publish the correction or retraction in
the first public exhibition thereafter made.
(3) Except when the publisher removes the defamatory statement under subsection (2)(b)
of this section:
(a) [The] A correction or retraction [shall] must consist of a statement by the publisher sub-
stantially to the effect that the defamatory statements previously made are not factually supported
and that the publisher regrets the original publication [thereof] of the defamatory statements.
[(4)](b) The correction or retraction [shall] must be published in substantially as conspicuous
a manner as the defamatory statement.
SECTION 4. ORS 31.220 is amended to read:
31.220. A correction or retraction published [prior to notice of demand therefor shall have the
same effect as a correction or retraction after demand, if the requirements of ORS 31.215 (2), (3) and
(4) are substantially complied with] before a publisher receives a demand under ORS 31.215 for
the correction or retraction has the same effect as a correction or retraction after demand,
if the publisher substantially complies with the requirements of ORS 31.215 (2) and (3) .
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