Offer of Amends: Section 2 Defamation Act 2013 Explained

The offer of amends is one of the most important mechanisms in UK defamation law. Introduced by the Defamation Act 1996 and preserved under the 2013 Act, it provides a structured way for defendants to resolve defamation claims by offering a correction, an apology, and compensation — without the need for a full trial.

What Is an Offer of Amends?

An offer of amends is a formal statutory offer made by someone who has published a defamatory statement. Under Section 2 of the Defamation Act 1996, the person making the offer must:

• Make a suitable correction of the statement
• Publish a sufficient apology
• Pay compensation and costs to be agreed or determined by a judge

The offer can be a "qualified" offer of amends (relating to a specific defamatory meaning) or an unqualified offer covering the entire publication. The distinction matters because a qualified offer limits the scope of the remedy but also limits the maker's liability.

When Is an Offer of Amends Appropriate?

An offer of amends is most commonly used when a publisher has made a genuine mistake — publishing a defamatory statement without realising it was false or without intending the defamatory meaning. Newspapers, magazines, and online publishers frequently use offers of amends to resolve claims arising from factual errors, mistaken identity, or misleading headlines.

The mechanism is not available to a defendant who "knew or had reason to believe" that the statement referred to the claimant and was both false and defamatory. This prevents bad-faith use of the procedure by deliberate defamers.

The Legal Effect of an Offer

If the claimant accepts the offer, the terms are agreed between the parties (or determined by a judge if they cannot agree on compensation). The claim is then resolved without a trial, saving both parties significant time and costs.

If the claimant rejects the offer, the defendant can rely on the offer as a defence at trial — but only if the defendant can show they did not know and had no reason to believe that the statement was false and defamatory. If successful, this defence is complete. If the offer is rejected and the claim proceeds to trial, the fact that an offer was made is taken into account in assessing damages (typically reducing the award).

Calculating Compensation

When an offer of amends is accepted but the parties cannot agree on compensation, the court determines the amount. Judges consider the same factors as in a full defamation trial — the gravity of the defamation, the extent of publication, the harm to reputation, and any aggravating or mitigating factors — but apply a discount (typically 25-50%) reflecting the early resolution and the defendant's willingness to make amends.

This discount makes the offer of amends attractive to both parties: the claimant receives a guaranteed remedy without the risk and cost of trial, while the defendant obtains a reduction in damages. For guidance on defamation damages generally, see our article on defamation compensation in the UK.

Practical Considerations

Defendants considering an offer of amends should act quickly. The longer a defamatory publication remains uncorrected, the weaker the argument that the defendant acted in good faith. An early offer demonstrates genuine contrition and is more likely to result in a favourable outcome.

Claimants receiving an offer of amends should carefully evaluate whether the proposed correction and apology are adequate, and whether the likely compensation (with the discount applied) represents a fair resolution. Rejecting a reasonable offer carries risks — if the defendant successfully relies on the offer as a defence, the claimant could be left with nothing and face a costs order.

Our pre-action protocol solicitors can advise both claimants and defendants on the strategic use of offers of amends. Contact us for a free case evaluation.

Related reading: Defamation Act 2013 explained | Defamation mediation and ADR | Letter before action