{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-46.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-46.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-46.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-46.html"}],"law_id":59452,"edition_id":1,"section_id":59452,"structure_id":15583,"section_number":"8.01-46","catch_line":"Justification and mitigation of damages","history":"Code 1950, \u00a7 8-631; 1977, c. 617.","full_text":"In any action for defamation, the defendant may justify by alleging and proving that the words spoken or written were true, and, after notice in writing of his intention to do so, given to the plaintiff at the time of, or for, pleading to such action, may give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so in case the action shall have been commenced before there was an opportunity of making or offering such apology.","order_by":null,"text":{"0":{"id":217875,"text":"In any action for defamation, the defendant may justify by alleging and proving that the words spoken or written were true, and, after notice in writing of his intention to do so, given to the plaintiff at the time of, or for, pleading to such action, may give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so in case the action shall have been commenced before there was an opportunity of making or offering such apology.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15583,"edition_id":1,"name":"Defamation","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:56:32","date_modified":"2026-06-26 03:56:32","permalink":{"id":280825,"object_type":"structure","relational_id":15583,"identifier":"4","token":"8.01\/3\/4","url":"\/8.01\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71678,"structure_id":15583,"section_number":"8.01-45","catch_line":"Action for insulting words","url":"\/8.01-45\/","token":"8.01\/3\/4\/8.01-45","metadata":false},{"id":59452,"structure_id":15583,"section_number":"8.01-46","catch_line":"Justification and mitigation of damages","url":"\/8.01-46\/","token":"8.01\/3\/4\/8.01-46","metadata":false},{"id":73041,"structure_id":15583,"section_number":"8.01-46.1","catch_line":"Disclosure of employment-related information; presumptions; causes of action; definitions","url":"\/8.01-46.1\/","token":"8.01\/3\/4\/8.01-46.1","metadata":false},{"id":74317,"structure_id":15583,"section_number":"8.01-46.2","catch_line":"Civil action for dissemination of intimate images to another; penalty","url":"\/8.01-46.2\/","token":"8.01\/3\/4\/8.01-46.2","metadata":false},{"id":65717,"structure_id":15583,"section_number":"8.01-47","catch_line":"Immunity of persons investigating or reporting certain incidents at schools","url":"\/8.01-47\/","token":"8.01\/3\/4\/8.01-47","metadata":false},{"id":83313,"structure_id":15583,"section_number":"8.01-48","catch_line":"Mitigation in actions against newspapers, etc","url":"\/8.01-48\/","token":"8.01\/3\/4\/8.01-48","metadata":false},{"id":85514,"structure_id":15583,"section_number":"8.01-49","catch_line":"Defamatory statements in radio and television broadcasts","url":"\/8.01-49\/","token":"8.01\/3\/4\/8.01-49","metadata":false},{"id":71411,"structure_id":15583,"section_number":"8.01-49.1","catch_line":"Liability for defamatory material on the Internet","url":"\/8.01-49.1\/","token":"8.01\/3\/4\/8.01-49.1","metadata":false}],"previous_section":{"id":71678,"structure_id":15583,"section_number":"8.01-45","catch_line":"Action for insulting words","url":"\/8.01-45\/","token":"8.01\/3\/4\/8.01-45","metadata":false},"next_section":{"id":73041,"structure_id":15583,"section_number":"8.01-46.1","catch_line":"Disclosure of employment-related information; presumptions; causes of action; definitions","url":"\/8.01-46.1\/","token":"8.01\/3\/4\/8.01-46.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-46\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":280831,"object_type":"law","relational_id":59452,"identifier":"8.01-46","token":"8.01\/3\/4\/8.01-46","url":"\/8.01-46\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-46\/","token":"8.01\/3\/4\/8.01-46","dublin_core":{"Title":"Justification and mitigation of damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-46","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any <span class=\"dictionary\">action<\/span> for defamation, the <span class=\"dictionary\">defendant<\/span> may justify by alleging and proving that the words spoken or written were true, and, after notice in writing of his intention to do so, given to the <span class=\"dictionary\">plaintiff<\/span> at the time of, or for, pleading to such <span class=\"dictionary\">action<\/span>, may give in <span class=\"dictionary\">evidence<\/span>, in mitigation of <span class=\"dictionary\">damages<\/span>, that he made or offered an apology to the <span class=\"dictionary\">plaintiff<\/span> for such defamation before the commencement of the <span class=\"dictionary\">action<\/span>, or as soon afterwards as he had an opportunity of doing so in case the <span class=\"dictionary\">action<\/span> shall have been commenced before there was an opportunity of making or offering such apology.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nJUSTIFICATION AND MITIGATION OF DAMAGES (\u00a7 8.01-46)\n\nIn any action for defamation, the defendant may justify by alleging and proving\nthat the words spoken or written were true, and, after notice in writing of his\nintention to do so, given to the plaintiff at the time of, or for, pleading to\nsuch action, may give in evidence, in mitigation of damages, that he made or\noffered an apology to the plaintiff for such defamation before the commencement\nof the action, or as soon afterwards as he had an opportunity of doing so in\ncase the action shall have been commenced before there was an opportunity of\nmaking or offering such apology.\n\nHISTORY: Code 1950, \u00a7 8-631; 1977, c. 617.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}