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ARTICLE · 23 SEPTEMBER 2020

Defamation : the first steps

What legal options are available if someone is making wrongful, unjustified, or just plain nasty comments about me?

AustraliaLitigation, Mediation & Arbitration

The First Steps

There have been some high profile defamation cases recently where celebrities have successfully sued media conglomerates for publishing defamatory articles. While those stories are entertaining to read about, you may have wondered "what legal options are available if someone is making wrongful, unjustified, or just plain nasty comments about me?"

Concerns Notice
If someone has made a comment to a third party which is likely to damage your reputation, you have the right to issue a Concerns Notice. A Concerns Notice must specify each and every defamatory imputation, and gives the person who made the defamatory comment 28 days to 'make amends' – that is, offer to publish a correction, apologise, and pay reasonable expenses. If you are satisfied and accept the offer to make amends, then the matter is concluded and you cannot sue for defamation. However, if you are not satisfied with the offer, or no offer is made within 28 days, you may commence legal

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