Joanna Tuffy (Labour)

I move amendment No. 9:

In page 18, between lines 8 and 9, to insert the following subsection:

"(2) The court may regard an apology as effecting a substantial mitigation of damage if, but only if, it is made within 14 days of complaint being made in respect of the utterance to which the apology relates, and if the defendant's proposals for publication of the apology are reasonable.".

Subsection 1, as it stands, allows an apology to mitigate damage but the amendment is to encourage early apologies. We suggest that apologies made only within 14 days should be regarded as effecting substantial mitigation of damage. Late apologies could effect some mitigation, but not substantial mitigation.

The term "apology" is not defined in the Act. Should it be?