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Apology.
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24.— (1) In a defamation action the defendant may give evidence in mitigation of damage that he or she—
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(a) made or offered an apology to the plaintiff in respect of the statement to which the action relates, and
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(b) published the apology in such manner as ensured that the apology was given the same or similar prominence as was given to that statement, or offered to publish an apology in such a manner,
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as soon as practicable after the plaintiff makes complaint to the defendant concerning the utterance to which the apology relates, or after the bringing of the action, whichever is earlier.
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(2) In a defamation action, a defendant who intends to give evidence to which subsection (1) applies shall, at the time of the filing or delivery of the defence to the action, notify the plaintiff in writing of his or her intention to give such evidence.
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(3) In a defamation action, an apology made by or on behalf of a defendant in respect of a statement to which the action relates—
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(a) does not constitute an express or implied admission of liability by that defendant, and
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(b) is not relevant to the determination of liability in the action.
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(4) Evidence of an apology made by or on behalf of a person in respect of a statement to which the action relates is not admissible in any civil proceedings as evidence of liability of the defendant.
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