An apology is not a defence to a claim of defamation. If a publisher apologises, that apology does not constitute an admission of fault and cannot be used to determine liability in a defamation action. It is supposed that a properly published apology minimises the damage done by the original publication. Where an offer of apology is made it can be used as evidence to mitigate (reduce) damages [Defamation Act 2005 (SA) s 36(1)(a)].
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