s 39 Awards of aggravated damages
(1) This section applies where— (a) a relevant claim is made against a person (“ the defendant ”), (b) the defendant was a relevant publisher at the material time, (c) the claim is related to the publication of news-related material, and (d) the defendant is found liable in respect of the claim. (2) Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment. (3) In this section, “ aggravated damages ” means damages that were commonly called aggravated before the passing of this Act and which— (a) are awarded against a person in respect of the person's motive or exceptional conduct, but (b) are not exemplary damages or restitutionary damages. (4) Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.