Page:Protection from Harassment Act 2014.pdf/17

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PROTECTION FROM HARASSMENT
17


(2) Subject to section 21(1), the District Court may, upon the application of the subject under subsection (1), order that no person shall publish or continue to publish the statement complained of unless that person publishes such notification as the District Court thinks necessary to bring attention to the falsehood and the true facts.

(3) The District Court shall not make an order under subsection (2) unless the District Court is satisfied on the balance of probabilities that—

(a) the statement of fact complained of is false in any particular about the subject; and
(b) it is just and equitable to do so.

(4) An order under subsection (2) may be made subject to such exceptions or conditions as may be specified in the order.

(5) An order under subsection (2) shall take effect in respect of the person to whom such order applies—

(a) from the date when such order is served on him in such manner as may be prescribed;
(b) where the District Court dispenses with the service of such order, from the date when the service on him of such order is dispensed with by the District Court; or
(c) such later date as the District Court may specify.

(6) The District Court may, on the application of the subject, the author, or any person to whom the order applies, vary, suspend or cancel the order.

(7) In this section, "author" means the originator of the statement complained of.

Knowledge of certain orders presumed

16. For the purposes of proceedings in relation to section 10 or 15, it shall be presumed, until the contrary is proved, that a person has knowledge of the terms of a protection order under section 12(2), an expedited protection order under section 13(1) or an order under section 15(2), as the case may be—