Part 2Defences
General
23Evidence of adequacy of redress
In proceedings for defamation, it is evidence of the reasonableness of a letter or statement by way of explanation or contradiction under section 18(2)(a), or of a retraction or statement of explanation or rebuttal, or of both explanation and rebuttal, under section 25, that the party by whom it was proposed has offered to have any issues as to its content or presentation determined, in chambers, by a Judge.
In proceedings for defamation, it is evidence of the unreasonableness of any such statement, letter, or retraction that the party by whom it was proposed has refused an offer by any other party to have any issues as to its content or presentation determined, in chambers, by a Judge.
Any issue as to the content or presentation of a letter or statement by way of explanation or contradiction under section 18(2)(a), or of a retraction or statement of explanation or rebuttal, or of both explanation and rebuttal, under section 25, may, on the application of any person, be determined, in chambers, by a Judge.