31 Other evidence in mitigation of damages

In any proceedings for defamation, the defendant may prove, in mitigation of damages, that the plaintiff—


has already recovered damages; or


has brought proceedings to recover damages; or


has received or agreed to receive compensation—

in respect of any other publication by the defendant, or by any other person, of matter that is the same or substantially the same as the matter that is the subject of the proceedings.

Compare: 1954 No 46 s 13