ORS 31.210¹
When general damages allowed

(1) In an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, 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 (Publication of correction or retraction upon demand); 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. [Formerly 30.160]

(formerly 30.160)

Notes of Decisions

Failure to allege that retrac­tion had been requested of magazine publishers and refused by them, as re­quired by this sec­tion, rendered complaint insufficient to constitute cause of ac­tion for general damages for libel. Davidson v. Rogers, 281 Or 219, 574 P2d 624 (1978)

Condi­tion of this sec­tion denying general damages unless retrac­tion is demanded but not published does not violate Constitu­tion, Article I, Sec­tion 10, which provides that every man shall have remedy by due course of law for injury done him. Davidson v. Rogers, 281 Or 219, 574 P2d 624 (1978)

This sec­tion does not apply in an ac­tion against a per­son not associated with the broadcast or print media. Wheeler v. Green, 286 Or 99, 593 P2d 777 (1979)

When claim characterized as false light alleges facts that also constitute claim for defama­tion, plaintiff must seek retrac­tion under this pro­vi­sion from defendant as prerequisite to bringing false light claim. Magenis v. Fisher Broadcasting, Inc., 103 Or App 555, 798 P2d 1106 (1990)

Law Review Cita­tions

19 WLR 677 (1983)

(formerly 30.155 to 30.175)

Law Review Cita­tions

65 OLR 35, 54 (1986)

  • Oregon Intellectual Property Law / Kenan Farrell, Oct 25, 2009
    “Consider the following scenarios: You’re out surfing the internet one day and come across a false and damaging state­ment that someone has written about you on their blog or website. Maybe you’re the one writing a scathing review about a new hit movie, including unsavory stories about its lead actress. ...”
1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information