Victorian Consolidated Legislation

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.