|
|
Offer to make amends.
|
22.— (1) A person who has published a statement that is alleged to be defamatory of another person may make an offer to make amends.
|
|
| |
(2) An offer to make amends shall—
|
|
| |
(a) be in writing,
|
|
| |
(b) state that it is an offer to make amends for the purposes of this section, and
|
|
| |
(c) state whether the offer is in respect of the entire of the statement or an offer (in this Act referred to as a “ qual ified offer ”) in respect of—
|
|
| |
(i) part only of the statement, or
|
|
| |
(ii) a particular defamatory meaning only.
|
|
| |
(3) An offer to make amends shall not be made after the delivery of the defence in the defamation action concerned.
|
|
| |
(4) An offer to make amends may be withdrawn before it is accepted and where such an offer is withdrawn a new offer to make amends may be made.
|
|
| |
(5) In this section “ an offer to make amends ” means an offer—
|
|
| |
(a) to make a suitable correction of the statement concerned and a sufficient apology to the person to whom the statement refers or is alleged to refer,
|
|
| |
(b) to publish that correction and apology in such manner as is reasonable and practicable in the circumstances, and
|
|
| |
(c) to pay to the person such sum in compensation or damages (if any), and such costs, as may be agreed by them or as may be determined to be payable,
|
|
| |
whether or not it is accompanied by any other offer to perform an act other than an act referred to in paragraph (a), (b) or (c).
|
