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.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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