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.