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.