Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
DEFAMATION ACT 2005 - SECT 18
Effect of failure to accept reasonable offer to make amends
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 practicable after becoming aware that the matter is or may be
defamatory; and
(b) at any time before the trial 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback