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Defamation and Malicious Publication (Scotland) Act 2021

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16Rejection of unqualified offer to make amends

This section has no associated Explanatory Notes

(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.

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