No. 12
Offer of amends
Media Services
2016
40.-(1) A person who publishes words alleged to be
defamatory of another person may, if he claims that the
words were published by him innocently in relation to that
other person, make an offer of amends and in that case
where(a) the offer is accepted by the party aggrieved
and is duly performed, no proceedings for
libel or slander shall be taken or continued by
that party against the person making the offer
in respect of the publication in question, but
without prejudice to any cause of action
against any other person jointly responsible
for that publication;
(b) the offer of amends is not accepted by the
party aggrieved, then, except as otherwise
provided for by this section, it shall be a
defence for the person making the offer, in
any proceedings by the party aggrieved for
libel, slander against the person making the
offer in respect of the publication in question,
to prove that:
(i) the words complained of were
published by the defendant innocently
in relation to the plaintiff; and
(ii) the offer was made as soon as
practicable after the defendant received
notice that they were or might be
defamatory of the plaintiff, and has not
been withdrawn.
(2) An offer of amends made pursuant to this
section, shall be accompanied by an affidavit specifying
the facts relied upon by the person making it to show that
the words in question were published innocently in relation
to the party aggrieved.
(3) For the purpose of a defence under paragraph
(b) of subsection (1), no evidence, other than evidence of
facts specified in the affidavit, shall be admissible on
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents