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Offer to make amends

If a publisher receives a written concerns notice from a person claiming to have been defamed, the publisher may choose to make an offer to make amends [Defamation Act 2005 (SA) s 13]. Such an offer must include publishing a reasonable correction and paying expenses reasonably incurred by the person defamed [s 15].

An offer to make amends may also include other actions to redress the harm caused to the aggrieved person, including [s 15]:

  • an offer to publish an apology
  • if the alleged defamatory publication is of digital matter, an offer to remove, disable, block or prevent access to the matter
  • an offer to pay compensation.

An offer to make amends must be made within 28 days of receiving the concerns notice, or within 14 days of receiving further particulars [s 14(2)]. The offer must be open for acceptance for a minimum of 28 days [s 15(1)(ba)].

If the offer is accepted, that is the end of the matter. If the offer is not accepted but is later found to have been reasonable, then the fact that an offer was made in an appropriate form and within an appropriate time will provide the publisher with a defence to the action [s 18].

A statement or admission made in an offer to make amends is not admissible in evidence [s 19].

Offer to make amends  :  Last Revised: Tue Dec 16th 2025
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