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Defamation and Malicious Publication (Scotland) Act 2021

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13Offer to make amends

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(1)An offer to make amends is an offer made by a person (A) who has published a statement which another person (B) alleges is defamatory to make amends to B by—

(a)making a suitable correction of—

(i)the statement generally, or

(ii)a specific defamatory meaning conveyed by the statement,

(b)giving a sufficient apology,

(c)publishing the correction and apology in a manner that is reasonable and practicable in the circumstances,

(d)paying to B such compensation and expenses as may be agreed or determined to be payable (if any), and

(e)taking such other steps (if any) as A may propose.

(2)The offer must—

(a)be made before A lodges defences in any defamation proceedings brought by B in relation to the statement,

(b)be in writing,

(c)state that it is an offer to make amends under this section, and

(d)if made in relation to a specific defamatory meaning only, state that it is a qualified offer and set out the meaning in relation to which it is made.

(3)An offer made under this section—

(a)may be withdrawn before it is accepted,

(b)may be renewed (such renewal being treated as a new offer),

(c)is deemed to have been rejected if not accepted within a reasonable period.

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