# Defamation and Malicious Publication (Scotland) Act 2021, Section 16: Rejection of unqualified offer to make amends


(1) This section—
(a) applies where a person (B) rejects or is deemed to have rejected an offer to make amends made under section 13, but
(b) does not apply to the rejection or deemed rejection of a qualified offer (see section 17).
(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).
(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—
(a) referred to B or was likely to be understood as referring to B, and
(b) was both false and defamatory of B,
but 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.
(4) Where A relies on the defence under this section, A may not rely on any other defence.
(5) The offer may be relied on in mitigation of damages whether or not it was relied on as a defence.
(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.

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Source: https://www.legislation.gov.uk/asp/2021/10/section/16 (the official version)
Page: https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021/section-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.