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Defamation Act 1992

Remedies

27: Court may make recommendations as to content, etc, of correction

You could also call this:

"Court can decide how someone says sorry for saying something bad about you"

Illustration for Defamation Act 1992

You can go to court if someone says something bad about you. The court can tell them to say sorry. When the court tells someone to say sorry, they can also say how the sorry message should look. They can decide what the message says, when it is published, and how noticeable it is. The court thinks about the situation when deciding what to do. They look at how the bad comment was shared and how many people saw it. They also think about the person who made the comment and their right to keep their style and character. The court makes these decisions based on what is fair, using information from section 26(1). The court wants to make sure the sorry message is clear and easy to see. The court's job is to help fix the problem in a fair way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281242.

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26: Court may recommend correction, or

"The court can ask someone to correct false information they shared about you."

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Part 3Remedies

27Court may make recommendations as to content, etc, of correction

  1. In recommending, pursuant to section 26(1), the publication of a correction, a court may include recommendations relating to—

  2. the content of the correction:
    1. the time of publication of the correction:
      1. the prominence to be given to the correction in the particular medium in which it is published.

        1. In making any recommendation under subsection (1), the court shall have regard—

        2. to the context and circumstances in which the matter that is the subject of the proceedings was published, including the manner and extent of publication; and
          1. in the case of matter published in a periodical, or in the course of a regular activity or presentation (including a radio or television programme), to the proper interest of the defendant in maintaining the style and character of the periodical, activity, or presentation.