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Defamation Act 1996 (Version in vigour from 2022-08-08 to )

Consolidated Text As Enacted Cited authorities 42 Cited in Related
CurrencyNo known outstanding effects
Coming into Force08 August 2022
he was not the author, editor or publisher of the statement complained of,he took reasonable care in relation to its publication, andhe did not know, and had no reason to believe, that what he did caused or contributed to the publication of a defamatory statement.(2) For this purpose “author”, “editor” and “publisher” have the following meanings, which are further explained in subsection (3) —
  • “author” means the originator of the statement, but does not include a person who did not intend that his statement be published at all;
  • “editor” means a person having editorial or equivalent responsibility for the content of the statement or the decision to publish it; and
  • “publisher” means a commercial publisher, that is, a person whose business is issuing material to the public, or a section of the public, who issues material containing the statement in the course of that business.
in printing, producing, distributing or selling printed material containing the statement;in processing, making copies of, distributing, exhibiting or selling a film or sound recording (as defined in Part I of the in processing, making copies of, distributing or selling any electronic medium in or on which the statement is recorded, or in operating or providing any equipment, system or service by means of which the statement is retrieved, copied, distributed or made available in electronic form;as the broadcaster of a live programme containing the statement in circumstances in which he has no effective control over the maker of the statement;as the operator of or provider of access to a communications system by means of which the statement is transmitted, or made available, by a person over whom he has no effective control.(4) Employees or agents of an author, editor or publisher are in the same position as their employer or principal to the extent that they are responsible for the content of the statement or the decision to publish it.the extent of his responsibility for the content of the statement or the decision to publish it,the nature or circumstances of the publication, andthe previous conduct or character of the author, editor or publisher.(6) This section does not apply to any cause of action which arose before the section came into force.(1) A person who has published a statement alleged to be defamatory of another may offer to make amends under this section.(2) The offer may be in relation to the statement generally or in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys (“a qualified offer”) .must be in writing,must be expressed to be an offer to make amends under section 2 of the Defamation Act 1996, andmust state whether it is a qualified offer and, if so, set out the defamatory meaning in relation to which it is made.to make a suitable correction of the statement complained of and a sufficient apology to the aggrieved party,to publish the correction and apology in a manner that is reasonable and practicable in the circumstances, andto pay to the aggrieved party such compensation (if any) , and such costs, as may be agreed or determined to be payable.(5) An offer to make amends under this section may not be made by a person after serving a defence in defamation proceedings brought against him by the aggrieved party in respect of the publication in question.(6) An offer to make amends under this section may be withdrawn before it is accepted; and a renewal of an offer which has been withdrawn shall be treated as a new offer.(1) If an offer to make amends under section 2 is accepted by the aggrieved party, the following provisions apply.(2) The party accepting the offer may not bring or continue defamation proceedings in respect of the publication concerned against the person making the offer, but he is entitled to enforce the offer to make amends, as follows.(3) If the parties agree on the steps to be taken in fulfilment of the offer, the aggrieved party may apply to the court for an order that the other party fulfil his offer by taking the steps agreed.make the correction and apology by a statement in open court in terms approved by the court, andgive an undertaking to the court as to the manner of their publication.(5) If the parties do not agree on the amount to be paid by way of compensation, it shall be determined by the court on the same principles as damages in defamation proceedings.The

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