March 4, 2019

WH – Client accepts Concerns Notice after defaming politician on Facebook

Keywords: Defamation, Concerns Notice – Part 3 of the Defamation Act 2005 (NSW)

Facts:

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 to trial.

Outcome:

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 persons would have been awarded in excess of $100,000 if the matter proceeded to trial.