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North Cyprus Law | Mitigation for Defamation in Civil Law in the TRNC

North Cyprus Law | Assault in Civil Law in the TRNCNorth Cyprus Law | Mitigation for Defamation in Civil Law in the TRNC

In previous articles I have written you would be able to read about the definitions of defamation both in Civil and Criminal Law are and what there defences may be. Below ı have put down some of the rules in the TRNC Civil Law for Mitigation of Defamation.

The defendant in any action for defamation (libel and slander) may, after reasonable notice to the plaintiff of his intention so to do, prove in mitigation of any compensation that may be awarded;

a) that he/she made or offered an apology to the plaintiff before the commencement of the action or as soon afterwards as he had an opportunity, if the action was commenced before he/she had an opportunity of so doing;

b) that the defamatory matter was contained in a newspaper, a subsisting permit to publish which has been issued under the provisions of the applicable law, and that the plaintiff has already recovered, or brought an action for, compensation, or received or agreed to receive some recompense in respect of defamatory matter to the same purpose or effect as the defamatory matter in respect of the publication of which such action has been brought;

c) that prior to the publication of the defamatory matter the plaintiff was of general bad reputation in connection with the particular trait of his character which is assailed by the defamation;

d) that the defendant received provocation from the plaintiff, and the Court MAY (not shall), having regard to the circumstances of the case, take all or any of such matters into consideration in assessing compensation.

As you can see from the above, the above written mitigations doesn’t mean that there will be no compensation granted to the plaintiff (s) but it MAY mean that a reduction to the amount of compensation, which might be awarded by the Court to the plaintiff(s), can be assessed and/or ruled by the judge(s) or Court. Of course putting in such mitigations may mean that you have accepted the allegations made against you which I as an Advocate do not do or prefer to not do at times when I know my client as a defendant is in the right and what he/she has said or written is nothing but the truth

Legal Eagle

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