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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3564
Sponsored by Representative HARBICK; Representatives DIEHL, RESCHKE, SKARLATOS, TRAN,
YUNKER, Senators SMITH DB, STARR
CHAPTER .................................................
AN ACT
Relating to published defamatory statements; amending ORS 31.205, 31.210 and 31.215.
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 demand for correction or retraction shall 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 days after the defamed person receives actual knowledge of the
defamatory statement. The demand shall specify which statements are false and defamatory and re-
quest 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
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) In the first issue thereafter published, in the case of printed newspapers, magazines or other
[printed] periodicals.
(b) In the first broadcast or telecast thereafter made, in the case of radio or television stations.
(c) In the first public exhibition thereafter made, in the case of motion picture theaters.
Enrolled House Bill 3564 (HB 3564-B) Page 1
(d) By immediately placing a link to the correction or retraction on any page containing
or previously containing the defamatory statement, in the case of electronic newspapers,
magazines or other periodicals.
(3) The correction or retraction shall consist of a statement by the publisher substantially to the
effect that the defamatory statements previously made are not factually supported and that the
publisher regrets the original publication thereof.
(4) The correction or retraction shall be published in substantially as conspicuous a manner as
the defamatory statement.
Passed by House April 17, 2025
Repassed by House June 13, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 11, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3564 (HB 3564-B) Page 2