icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
Defamation Act 2009 (No. 31)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-5)1. Short title and commencement.2. Definitions.3. Saver.4. Repeal.5. Review of operation of Act.Part 2 Defamation (ss. 6-14)6. Defamation.7. Amendment of certain enactments.8. Verifying affidavit.9. Imputation.10. Defamation of class of persons.11. Multiple publication.12. Defamation of a body corporate.13. Appeals in defamation actions.14. Meaning.Part 3 Defences (ss. 15-27 and draft 27A)15. Abolition of certain defences.16. Truth.17. Absolute privilege.18. Qualified privilege.19. Loss of defence of qualified privilege.20. Honest opinion.21. Distinguishing between allegations of fact and opinion.22. Offer to make amends.23. Effect of offer to make amends.24. Apology.25. Consent to publish.26. Fair and reasonable publication on a matter of public interest.27. Innocent publication.Draft 27A. Live broadcast defencePart 4 Remedies (ss. 28-34)28. Declaratory order.29. Lodgment of money in settlement of action.30. Correction order.31. Damages.32. Aggravated and punitive damages.33. Order prohibiting the publication of a defamatory statement.34. Summary disposal of action.Draft Part 4A Additional Provisions Regarding Defamation Proceedings Relating to Engagement in Public Participation (ss. 34A-34H)Draft 34A. Definitions (Part 4A)Draft 34B. Defamation proceedings to which Part appliesDraft 34C. Information to be given to courtDraft 34D. Security for costsDraft 34E. Application to strike out claim and appealDraft 34F. Application for declaration where application to strike out claimDraft 34G. Application for declaration before, during or at conclusion of trial of action and costsDraft 34H. Publication of certain Circuit Court orders and judgmentsDraft Part 4B Alternative Dispute Resolution (ss. 34I-34L)Draft 34I. Definitions (Part 4B)Draft 34J. Practising solicitor and alternatives to issuing of certain proceedingsDraft 34K. Court inviting parties to consider alternatives to certain proceedingsDraft 34L. Factors to be considered by court in awarding costsPart 5 Criminal Liability (ss. 35-37)35. Abolition of certain common law offences.36. Publication or utterance of blasphemous matter.37. Seizure of copies of blasphemous statements.Part 6 Miscellaneous (ss. 38-44)38. Limitation of actions.39. Survival of cause of action on death.40. Agreements for indemnity.41. Jurisdiction of courts.42. Malicious falsehood.43. Evidence of acquittal or conviction.44. Press Council.Schedule 1 Statements having Qualified PrivilegeSchedule 1, Part 1 Statements Privileged Without Explanation or ContradictionSchedule 1, Part 2 Statements Privileged Subject to Explanation or ContradictionSchedule 2 Minimum Requirements in Relation to Press Council
Page Overview
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 22nd December 2024
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2010 - onwards
Version 2 of 2

22. Offer to make amends.

DRAFT Paragraph substituted 9. Amendment of section 22(5) of Principal Act of the Defamation (Amendment) Bill 2024 (stage updated 19 September 2024)
View:
Current text Draft text as it may be read Compare current vs draft text Whole document current text vs draft text

(1) A person who has published a statement that is alleged to be defamatory of another person may make an offer to make amends.

(2) An offer to make amends shall -

(a) be in writing,

(b) state that it is an offer to make amends for the purposes of this section, and

(c) state whether the offer is in respect of the entire of the statement or an offer (in this Act referred to as a "qualified offer") in respect of -

(i) part only of the statement, or

(ii) a particular defamatory meaning only.

(3) An offer to make amends shall not be made after the delivery of the defence in the defamation action concerned.

(4) An offer to make amends may be withdrawn before it is accepted and where such an offer is withdrawn a new offer to make amends may be made.

PreviousNext