Part 2Courts and Justice
Publishers of news-related material: damages and costs
I139Awards of aggravated damages
1
This section applies where—
a
a relevant claim is made against a person (“the defendant”),
b
the defendant was a relevant publisher at the material time,
c
the claim is related to the publication of news-related material, and
d
the defendant is found liable in respect of the claim.
2
Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.
3
In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—
a
are awarded against a person in respect of the person's motive or exceptional conduct, but
b
are not exemplary damages or restitutionary damages.
4
Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.