New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 18

18 Effect of failure to accept reasonable offer to make amends

(1) If an offer to make amends is made in relation to the matter in question but is not accepted, it is a defence to an action for defamation against the publisher in relation to the matter if--

(a) the publisher made the offer as soon as reasonably practicable after the publisher was given a concerns notice in respect of the matter (and, in any event, within the applicable period for an offer to make amends), and

(b) the publisher was ready and willing, on acceptance of the offer by the aggrieved person, to carry out the terms of the offer, and

(c) in all the circumstances the offer was reasonable.

(2) In determining whether an offer to make amends is reasonable, a court--

(a) must have regard to any correction or apology published before any trial arising out of the matter in question, including the extent to which the correction or apology is brought to the attention of the audience of the matter in question taking into account--

(i) the prominence given to the correction or apology as published in comparison to the prominence given to the matter in question as published, and

(ii) the period that elapses between publication of the matter in question and publication of the correction or apology, and

(b) may have regard to--

(i) whether the aggrieved person refused to accept an offer that was limited to any particular defamatory imputations because the aggrieved person did not agree with the publisher about the imputations that the matter in question carried, and

(ii) any other matter that the court considers relevant.

(3) Despite section 22(2), the judicial officer (and not the jury) in defamation proceedings tried by jury is to determine whether a defence under this section is established.