No. 12
Media Services
2016
behalf of the person making the offer of amends to prove
that the words were so published.
(4) An offer of amends referred shall be construed
and understood to mean an offer(a) in any case, to publish or join in the
publication of a suitable correction of the
words complained of, and a sufficient
apology to the party aggrieved in respect of
those words; and
(b) where copies of a document or record
containing the written words have been
distributed by or with the knowledge of the
person making the offer, to take such steps as
are reasonably practicable on for notifying
persons to whom copies have been so
distributed that the words are alleged to be
defamatory of the party aggrieved.
(5) Where an offer of amends is accepted by the
party aggrieved:
(a) any question as to the step to be taken in
fulfillment of the offer as so accepted shall, in
default of agreement between the parties, be
referred to and determined by the court; and
(b) power of the court to make orders as to costs
in proceedings by the party aggrieved against
the person making the offer in respect of the
publication in question or in proceedings in
respect of the offer referred to under
paragraph (a) shall include power to order the
payment by the person making the offer to the
party aggrieved of the costs of an indemnity
basis, and expenses reasonably incurred or to
be incurred by that party in consequence of
the publication in question.
(6) Where no proceedings have been commenced
in pursuance to subsection (1), the court may, upon
application made by the party aggrieved, make an order for
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