Client accepts Concerns Notice after defaming politician on Facebook
Facts: Defamation on Facebook leads to a Concerns Notice
WH posted material about a politician on Facebook which carried defamatory imputations.
A Concerns Notice, pursuant to Part 3 of the Defamation Act 2005 (NSW), was sent to WH. The Notice provided an opportunity for WH to make amends within 14 days of the notice date. Otherwise a defamation proceeding would commence.
Outcome: Client avoids a substantial payout to defamed politician
O’Brien Criminal and Civil Solicitors advised WH to agree to the offer of the Notice which involved:
- deleting the post on Facebook,
- provide an undertaking to never republish any or all defamatory material about the politician,
- to publish a public apology,
- and to pay a $15,000 sum and reasonable client fees.
Recent damages awards suggest the defamed person would have received in excess of $100,000 if the matter went to trial.
If you have received a concerns notice or someone has indicated that they are going to sue you for defamation, contact us now.
Past results do not guarantee future outcomes. Every case is assessed on its individual merits.
