PART 1

Defamation

Offers to make amends

Rejection of qualified offer to make amends
17
1
This section applies where a person (B) rejects or is deemed to have rejected a qualified offer.
2
In so far as relating to the specific defamatory meaning set out in the offer, it is a defence to defamation proceedings brought by B against the person who made the qualified 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 meaning that A accepts the statement conveys—
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 in respect of the accepted meaning.
5
The qualified 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.
S. 17 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2