An apology is not a defence to a claim of defamation. If a publisher apologises, that apology does not constitute an admission of fault and cannot be used to determine liability in a defamation action. It is supposed that a properly published apology minimises the damage done by the original publication. Where an offer of apology is made it can be used as evidence to mitigate (reduce) damages [Defamation Act 2005 (SA) s 36(1)(a)].

Apologies  :  Last Revised: Tue May 23rd 2006
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
Link to sa.gov.au - find what you're looking for

© Legal Services Commission - All Rights Reserved
Funded with the support of the Governments of Australia and South Australia Website by CeRDI