Being accused of defamation — whether by an individual, a business, or through a formal legal letter — can feel overwhelming. Defamation law in Australia is complex, and how you respond in the early stages can make a significant difference to the outcome. Here’s what you need to know and the steps you should take.
1. Understand What Defamation Means
Defamation occurs when someone publishes material about another person that damages their reputation. This can happen in many ways — through social media posts, emails, online reviews, media publications, or even private messages shared with others.
For a statement to be considered defamatory, it must generally:
- Be communicated to someone other than the person it’s about
- Identify (or be about) the person claiming defamation
- Cause harm to their reputation
It’s also important to understand there are legal defences available, such as truth (justification), honest opinion, or qualified privilege. These may apply depending on the circumstances.
2. Do Not Ignore the Allegation
If you’ve received a letter of demand or legal notice alleging defamation, do not ignore it. Failing to respond can escalate the situation and increase the likelihood of a lawsuit. Even if the allegation seems baseless or exaggerated, it’s crucial to treat it seriously and respond strategically.
3. Avoid Making the Situation Worse
Your immediate reaction might be to defend yourself publicly or confront the accuser. Resist that urge. Posting further comments or deleting the original material without legal advice can complicate your position. In some cases, removing the content might be wise — but in others, it could be interpreted as an admission of wrongdoing or destroy evidence you may later need.
4. Seek Legal Advice Early
Because defamation law is highly technical, the best thing you can do is speak with a lawyer experienced in this area as soon as possible. They can help you:
- Assess whether the publication is likely to be defamatory
- Determine whether you have a valid defence
- Respond to the letter of demand appropriately
- Explore options for resolving the matter before it reaches court
Often, defamation disputes can be resolved through negotiation, retractions, apologies, or settlements — avoiding costly litigation.
5. Consider Your Options
Depending on the situation, you may choose to:
- Issue an apology or correction – Sometimes a carefully worded apology can resolve the matter.
- Offer to remove the content – This may de-escalate the dispute and reduce potential damages.
- Stand by your statement – If you believe you have a valid defence, you may decide to contest the claim.
- Negotiate a settlement – If litigation seems likely, a negotiated resolution can save time, stress, and money.
Final Thoughts
Being accused of defamation doesn’t automatically mean you’re in legal trouble — but how you respond is critical. Getting legal advice early and handling the situation carefully can help protect your rights, minimise risk, and often resolve the matter before it escalates.
If you’ve received a defamation complaint or legal notice, contact Twomey Dispute Lawyers today. Our experienced litigation team can assess your situation and help you take the right next steps.
