Defamation
7
Unintentional defamation
7. (1) A person who has published 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 under this section; and in any such case—
(a) if 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) if the offer is not accepted by the party aggrieved, then,
except as otherwise provided by this section, it shall be
a defence, in any proceedings by him for libel or slander
against the person making the offer in respect of the
publication in question, to prove that the words complained
of were published by the defendant or were published by
the defendant innocently in relation to the plaintiff and
that 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defamatory of the plaintiff, and has not been withdrawn.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 under this section must be expressed to
be made for the purposes of this section, and must be accompanied
by an affidavit specifying the facts relied upon by the person
making it to show that the words in question were published by
him innocently in relation to the party aggrieved; and for the
purposes of a defence under paragraph 7(1)(b) no evidence, other
than evidence of facts specified in the affidavit, shall be admissible
on behalf of that person to prove that the words were so published.
(3) An offer of amends under this section shall be 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;
(b) where copies of a document or record containing the said
words have been distributed by or with the knowledge of
the person making the offer, to take such steps as are