Offer to Make Amends
A statutory defence in defamation claims, under sections 2 to 4 of the Defamation Act 1996, where the publisher offers to correct the statement, apologise, and pay compensation and costs.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Section 2 of the Defamation Act 1996 provides that 'a person who has published a statement alleged to be defamatory of another may offer to make amends under this section'. The offer can relate to the statement generally, or to a specific defamatory meaning the publisher accepts the statement conveys — 'a qualified offer'. To be valid, the offer 'must be in writing', 'must be expressed to be an offer to make amends under section 2 of the Defamation Act 1996', and must state whether it is a qualified offer.
The content of the offer is fixed by the Act: it is an offer 'to make a suitable correction of the statement complained of and a sufficient apology to the aggrieved party', 'to publish the correction and apology in a manner that is reasonable and practicable in the circumstances', and 'to pay to the aggrieved party such compensation (if any), and such costs, as may be agreed or determined to be payable'. An offer to make amends 'may not be made by a person after serving a defence in defamation proceedings' brought against them over the same publication, and it 'may be withdrawn before it is accepted'.
Related terms
Official sources
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