PART 1Defamation
Offers to make amends
16Rejection of unqualified offer to make amends
(1)
This section—
(a)
applies where a person (B) rejects or is deemed to have rejected an offer to make amends made under section 13, but
(b)
does not apply to the rejection or deemed rejection of a qualified offer (see section 17).
(2)
It is a defence to defamation proceedings brought by B against the person who made the offer (A) that B rejected the offer (or is deemed to have rejected it).
(3)
The defence is not available if (at the time of making the statement complained of) A knew or had reason to believe that the statement—
(a)
referred to B or was likely to be understood as referring to B, and
(b)
was both false and defamatory of B,
but it is to be presumed, unless the contrary is shown, that A did not know and had no reason to believe that this was the case.
(4)
Where A relies on the defence under this section, A may not rely on any other defence.
(5)
The offer may be relied on in mitigation of damages whether or not it was relied on as a defence.
(6)
In this section, a “qualified offer” is an offer to make amends made under section 13 that is made only in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys.