DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 4 Unintentional defamation.

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DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 4

Unintentional defamation.

4.(1) A person who has published words alleged to be defamatory of another
person may, if he claims that the words were published by him innocently in
relation to that other person, make an offer of amends under this section; and
in any such case

(a)if the offer is accepted by the party aggrieved and is duly performed, no
proceedings for libel or slander shall be taken or continued by that party
against the person making the offer in respect of the publication in question
(but without prejudice to any cause of action against any other person jointly
responsible for that publication);

(b)if the offer is not accepted by the party aggrieved, then, except as
otherwise provided by this section, it shall be a defence, in any proceedings
by him for libel or slander against the person making the offer in respect of
the publication in question, to prove that the words complained of were
published by the defendant innocently in relation to the plaintiff and that
the offer was made as soon as practicable after the defendant received notice
that they were or might be defamatory of the plaintiff, and has not been
withdrawn.

(2) An offer of amends under this section must be expressed to be made for the
purposes of this section, and must be accompanied by an affidavit specifying
the facts relied upon by the person making it to show that the words in
question were published by him innocently in relation to the party aggrieved;
and for the purposes of a defence under paragraph (b) of sub-section (1) no
evidence, other than evidence of facts specified in the affidavit, shall be
admissible on behalf of that person to prove that the words were so published.

(3) An offer of amends under this section shall be understood to mean an offer

(a)in any case, to publish or join in the publication of a suitable correction
of the words complained of, and a sufficient apology to the party aggrieved in
respect of those words;

(b)where copies of a document or record containing the said words have been
distributed by or with the knowledge of the person making the offer, to take
such steps as are reasonably practicable on his part for notifying persons to
whom copies have been so distributed that the words are alleged to be
defamatory of the party aggrieved.

(4) Where an offer of amends under this section is accepted by the party
aggrieved

(a)any question as to the steps to be taken in fulfilment of the offer as so
accepted shall in default of agreement between the parties be referred to and
determined by the High Court, whose decision thereon shall be final;

(b)the power of the court to make orders as to costs in proceedings by the
party aggrieved against the person making the offer in respect of the
publication in question, or in proceedings in respect of the offer under
paragraph (a), shall include power to order the payment by the person making
the offer to the party aggrieved of costs on an indemnity basis and any
expenses reasonably incurred or to be incurred by that party in consequence of
the publication in question;

(5) For the purposes of this section words shall be treated as published by
one person (in this sub-section referred to as the publisher) innocently in
relation to another person if and only if the following conditions are
satisfied, that is to say

(a)that the publisher did not intend to publish them of and concerning that
other person, and did not know of circumstances by virtue of which they might
be understood to refer to him; or

(b)that the words were not defamatory on the face of them, and the publisher
did not know of circumstances by virtue of which they might be understood to
be defamatory of that other person,

(6) Paragraph (b) of sub-section (1) shall not apply in relation to the
publication by any person of words of which he is not the author unless he
proves that the words were written by the author without malice.

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Northern Irish Legislation

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 4