10. Apology in mitigation of damages

In any action for defamation, the defendant may (after notice in writing of his intention to do so duly given to the claimant at the time of filing his written statement of his case) give in evidence, in mitigation of damages, that he made or offered an apology to the claimant for such defamation before the commencement of the action or, where the action was commenced before there was an opportunity of making or offering such apology, as soon afterwards as he had an opportunity of doing so.

In an action for libel contained in any newspaper, any defendant who has paid money into court under the provisions of any written law relating to civil procedure may state in mitigation of damages, in his written statement of his case, that such libel was inserted in such newspaper without actual malice and without gross negligence and that, before the commencement of the action or at the earliest opportunity afterwards, he inserted or offered to insert in such newspaper a full apology for the said libel, or, if the newspaper in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper to be selected by the claimant in such action.