Half hearted apology RE: defamation

Amronoc

Just a theoretical question

Lets say a paper defames someone, before the action comes before the courts the paper makes a half hearted apology; what effect would this have on the action?

ResearchWill

Amronoc wrote: »

Just a theoretical question

Lets say a paper defames someone, before the action comes before the courts the paper makes a half hearted apology; what effect would this have on the action?

No one can answer that question, with out seeing the papers and the apology. But look at sections 22,23 and 24 of the Defamation Act 2009. In the end the defendant can put the matter to the court the court can decide does it effect the amount of any damages.

Section 24


Apology.

24.— (1) In a defamation action the defendant may give evidence in mitigation of damage that he or she—

(a) made or offered an apology to the plaintiff in respect of the statement to which the action relates, and

(b) published the apology in such manner as ensured that the apology was given the same or similar prominence as was given to that statement, or offered to publish an apology in such a manner,

as soon as practicable after the plaintiff makes complaint to the defendant concerning the utterance to which the apology relates, or after the bringing of the action, whichever is earlier.

(2) In a defamation action, a defendant who intends to give evidence to which subsection (1) applies shall, at the time of the filing or delivery of the defence to the action, notify the plaintiff in writing of his or her intention to give such evidence.

(3) In a defamation action, an apology made by or on behalf of a defendant in respect of a statement to which the action relates—

(a) does not constitute an express or implied admission of liability by that defendant, and

(b) is not relevant to the determination of liability in the action.

(4) Evidence of an apology made by or on behalf of a person in respect of a statement to which the action relates is not admissible in any civil proceedings as evidence of liability of the defendant.

CIARAN_BOYLE

Amronoc wrote: »

Just a theoretical question

Lets say a paper defames someone, before the action comes before the courts the paper makes a half hearted apology; what effect would this have on the action?

Most likely it will have some effect but we don't know what type of effect without knowing the details.

Lets say the paper has a front page fullpage article that defames you and then prints a retraction in one line of a column on page 20 I would say that it would have nearly zero effect on the action because it doesn't have the same prominence as the defamation.

Any apology should have the same apology as the original defamation.