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Purpose of an apology

Tuesday, 27 September 2011 08:55am

©The Star (Used by permission)
Articles of Law By Bhag Singh

It is not in every situation that a public apology is the best approach.

THE word “apology” is a common and simple word to start with.

According to the Oxford Advance Learner’s Dictionary, it means “a word or statement saying sorry for something that has been done wrong” or “that causes a problem”. Thus to apologise is to say that you are sorry for doing something wrong or causing a problem.

In some cases, where a person feels aggrieved over what another person has done to him or her, whether through communication or physical action, an immediate apology which is perceived to be sincere can help diffuse an otherwise explosive situation.

However, whether a person apologises or not sometimes depends on whether there is self-realisation on the part of the person who has done the wrong.

Of course, there are situations in which a person who has done wrong is incapable of realising or acknowledging his wrong. In such cases, he cannot see the wrong done, and therefore the need to apologise.

Be that as it may, the discussion that follows is about a situation where an apology should be demanded and given, as well as the consequences of giving an apology where the need arises or refusing to give one.

A reader wants to know what is the legal purpose of an apology and whether there is any specific law requiring an apology to be given and how the law provides for this.

Most of the time, there is no specific legal provision that deals only with the subject of when an apology is to be given and the form in which it is to be given.

Rather, an apology has a role to play when feelings are hurt and rights are encroached upon.

There are instances where on a wrong being done, the aggrieved party may not be interested in getting monetary compensation or extracting revenge; rather, it wants to make known its rights and have an acknowledgement by the wrongdoer in the eyes of the public or at least to those to whom it is known.

Where there has been a copyright infringement or an infringement of other property rights, the aggrieved party would often be more interested in having it made known that it is the owner of such property right which is infringed or interfered with by another.

In such an instance, a published notice in which the wrongdoer acknowledges the right of the rightful party and concedes his wrongdoing to the public and apologises, better serves the interest of the aggrieved party as compared to a monetary compensation that it may quietly receive.

Public admission of the infringement is also an assurance against any future infringement by the wrongdoer. And it is likely that if it should happen again, the consequences for such party would be greater.

In addition, the infringement would also come to an end and that by itself will have financial consequences for the wrongdoer though he never had any right in the first place to do what he did.

Thus as a trade-off, the wrongdoer may get off scot-free without having to pay any compensation or damages. However, he may still have to shoulder the expenses arising out of the need to publish the notice and related legal expenses.

The demand for an apology arises even more frequently in the arena of defamation. And it is also in this area that it has more significance. This is particularly so because defamation involves damage to reputation which also relates to hurt feelings.

A demand for an apology and the willingness to give one or the refusal to do so has greater implication in this area of the law and relations between the individuals and those around them. This is because when a person is defamed, what is immediately affected is his reputation and good name.

Thus a person who is defamed should ask for a retraction and an apology before taking any further steps.

An immediate retraction and an apology will better salvage his reputation as compared to getting money many years later.

So important is the need to demand an apology that if a person who has been defamed goes to court and files an action before asking for a retraction and an apology, it could be grounds for the defendant to argue for lesser damages as compared to a situation where an apology has been asked for but refused.

On the other hand, when an apology is asked for but not given or rudely refused, the event could have a reverse effect.

This would be because the refusal to apologise despite the fact that an opportunity has been given would be an indication of a deliberate desire to injure the aggrieved party and lead to even higher damages.

A specific area where there is a statutory provision is unintentional defamation. This is where it can be proved that the words were published innocently and an offer of amends was made. Here there would, if the offer is accepted, be a need to apologise.

This is provided for in Section 7 of the Defamation Act 1957. It provides a defence to an action for defamation if the offer of amends is accepted. This defence is only available if the communication is not on the face of it defamatory and the author of what was published had no reason to believe that it was capable of being defamatory.

However, it should also be noted that whilst an apology is desirable and helps when it is made, it is not always that a public apology should be insisted upon in all circumstances.

This is because sometimes when damaging statements are made, the person intended to be referred to may not be named. Thus not every reader may know who is being referred to. Yet specific individuals or a certain group who read the item may know who is being referred to.

In such instances, an apology published and made available to the public without any limitation may in fact have the effect of the defamatory contents being made known to a wider audience and therefore to people who did not know about it in the first instance. In such a situation, a restricted apology would be preferred.

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