Concerns Notice – The first step in formally commencing a defamation claim

A Concerns Notice is the first step in any prospective defamation proceedings. It is a formal, written notice sent by an aggrieved person to the publisher or publishers of allegedly defamatory material. As from 1 July 2021, defamation proceedings cannot be commenced unless a Concerns Notice has been sent to the publisher, and until the expiration of 28 days from the date of its service.

A Concerns Notice is intended to notify the publisher of the alleged defamation, and allows the publisher an opportunity to make amends without the need for legal proceedings.

There are four key elements of a Concerns Notice:

1. The notice must be in writing;
2. The notice must specify where the publication can be accessed – for example, a Facebook page or a webpage address;