The reasonableness of an offer of amends under s 18 of the Defamation Act 2005 (NSW) must be assessed objectively, having regard to the seriousness of the defamation, the adequacy of the proposed correction or apology (including its prominence relative to the defamatory publication), the adequacy of the monetary component, and the likelihood of the proceedings succeeding. A plaintiff's subjective willingness to accept an offer is irrelevant to the objective assessment. An offer of amends may be withdrawn before the first day of trial without precluding the s 18 defence, but the timing of withdrawal may affect the reasonableness assessment. Section 18(2)(a) does not mandate publication of an apology as a precondition to the defence. Where a plaintiff is named in a defamatory publication, the plaintiff is not required to call witness evidence of identification, even where additional identifying information in the article (such as age or photograph) points to a different person.
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