{
  "url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021/section-16",
  "json_url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021/section-16.json",
  "legislation": "asp/2021/10",
  "legislation_title": "Defamation and Malicious Publication (Scotland) Act 2021",
  "legislation_url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021",
  "path": "section/16",
  "kind": "section",
  "number": "16",
  "heading": "Rejection of unqualified offer to make amends",
  "text": "(1) This section—\n(a) applies where a person (B) rejects or is deemed to have rejected an offer to make amends made under section 13, but\n(b) does not apply to the rejection or deemed rejection of a qualified offer (see section 17).\n(2) It is a defence to defamation proceedings brought by B against the person who made the offer (A) that B rejected the offer (or is deemed to have rejected it).\n(3) The defence is not available if (at the time of making the statement complained of) A knew or had reason to believe that the statement—\n(a) referred to B or was likely to be understood as referring to B, and\n(b) was both false and defamatory of B,\nbut it is to be presumed, unless the contrary is shown, that A did not know and had no reason to believe that this was the case.\n(4) Where A relies on the defence under this section, A may not rely on any other defence.\n(5) The offer may be relied on in mitigation of damages whether or not it was relied on as a defence.\n(6) In this section, a “qualified offer” is an offer to make amends made under section 13 that is made only in relation to a specific defamatory meaning which the person making the offer accepts that the statement conveys.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 16 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2021/10/section/16",
    "retrieved_at": "2026-10-29T20:12:34.201134+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}