Defamation Act 2009

Correction order.

30.— (1) Where, in a defamation action, there is a finding that the statement in respect of which the action was brought was defamatory and the defendant has no defence to the action, the court may, upon the application of the plaintiff, make an order (in this Act referred to as a “ correction order ”) directing the defendant to publish a correction of the defamatory statement.

(2) Without prejudice to the generality of subsection (1), a correction order shall—

(a) specify—

(i) the date and time upon which, or

(ii) the period not later than the expiration of which,

the correction order shall be published, and

(b) specify the form, content, extent and manner of publication of the correction,

and shall, unless the plaintiff otherwise requests, require the correction to be published in such manner as will ensure that it is communicated to all or substantially all of those persons to whom the defamatory statement was published.

(3) Where a plaintiff intends to make an application under this section, he or she shall so inform—

(a) the defendant by notice in writing, not later than 7 days before the trial of the action, and

(b) the court at the trial of the action.

(4) An application under this section may be made at such time during the trial of a defamation action as the court or, where the action is tried in the High Court sitting with a jury, the trial judge directs.