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A defence to an action for defamation (1) in cases of unintentional defamation, where the defendant innocently and without negligence defamed the claimant but has offered a suitable correction and apology and has paid compensation, or (2) in cases where a libel is published in a newspaper or periodical without malice or gross negligence and an apology is published before the start of the action. In addition to providing a defence in these cases, the fact that the defendant has made or offered to make an apology may always be taken into account in mitigation of damages. See also offer of amends.

Subjects: Law.

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