March 4, 2019

WH – Client accepts Concerns Notice after defaming politician on Facebook

Facts: Defamation on Facebook leads to a Concerns Notice

WH posted defamatory 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.