It is part of the way of deciding the extent of genuine remorse for the past and genuine commitment to improvement in the future. For a corporation, courts look for signs of a culture of compliance. Ignorance of the potential impact of the publication is no excuse. Repeat offenders are punished seriously. And, in determining an appropriate level of punishment, the court will pay particular regard to the system for compliance within the media organisation.
Courts recognise that slip ups occur.
But risks can be lessened by systems of staff education and efficient monitoring mechanisms. The presence of such systems will mitigate penalty. It is likely that Courts will look increasingly to Australian Standard 3806-1998 for guidance as to what constitutes a substantial compliance program for the purpose of mitigation of penalty. I have given some examples of the way in which law itself plays a role in its own compliance. Unfortunately, law sometimes shoots itself in the foot.