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.
§ 8.01-46.Justification and mitigation of damages.
Chapter 3. Actions · Article 4. Defamation · Last amended 1977 · Last verified July 16, 2026
In one sentenceIn a defamation action, lets the defendant defend fully by proving the challenged words were true, and separately, after giving the plaintiff written notice of the intent to do so, lets the defendant introduce evidence of a timely apology to reduce damages, even when no earlier opportunity to apologize existed before suit was filed.
Full Text of § 8.01-46
Plain-English Summary
In any action for defamation, the defendant may justify by alleging and proving that the words spoken or written were true, supplying a complete defense to the claim.
The section also opens a separate avenue for reducing damages rather than defeating the claim outright. After giving the plaintiff written notice of the intention to do so, timed to when the defendant pleads to the action, the defendant may introduce evidence, in mitigation of damages, that the defendant made or offered an apology to the plaintiff for the defamation before the action began, or as soon afterward as an opportunity arose, if the action had already been commenced before any earlier opportunity to apologize existed.
Frequently Asked Questions
Is truth a complete defense to a defamation claim in Virginia?
Yes. The defendant may justify the challenged statement by alleging and proving that the words spoken or written were true.
Can offering an apology after being sued still help reduce damages?
Yes, if no opportunity existed to apologize before the suit was commenced, the defendant may still introduce evidence of an apology offered as soon as an opportunity arose afterward.
What has to happen before a defendant can use an apology to mitigate damages?
The defendant must give the plaintiff written notice of the intention to rely on the apology, timed to when the defendant pleads to the action.
Does an apology eliminate liability, or just reduce damages?
Just reduce damages. The section allows an apology to be used in mitigation of damages, unlike the truth defense, which can defeat the claim entirely.
What if I never had a chance to apologize before the lawsuit was filed?
The section still allows the mitigation evidence if the apology was made or offered as soon as an opportunity arose after the action was commenced.
Amendment History
Code 1950, § 8-631; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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