What do you do if you have been defamed?
If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the publication, who the statements were published to and the remedy sought.
The publisher of the defamatory statement will then have an opportunity to make an Offer to Make Amends in order to avoid the defamation action being pursued further.
What is a Concerns Notice?
Under section 14(2) of the Defamation Act 2005 (Qld) a notice constitutes a Concerns Notice if:
- It is in writing; and
- Informs the publisher of the defamatory imputations that the aggrieved person considers to be present.
What are defamatory imputations?
Defamatory imputations are the implications that an ordinary reader would draw from the published statements. These insinuations can be drawn in three ways:
- By giving the words their true meaning;
- By reading between the lines; or
- By reading the statements in context with the rest of the publication.
There can be several defamatory imputations that stem from the one statement. It is important that all defamatory imputations are outlined in the Concerns Notice.
When can an Offer to Make Amends be made?
The publisher of the defamatory material has 28 days, from the date of receiving the Concerns Notice, in which to make an Offer to Make Amends.
An offer to make amends may include, but is not limited to:
- A written apology;
- A retraction of the defamatory statements;
- A letter written by the publisher outlining that each statement published is untrue;
- Publication of a correction;
- A promise not to publish future defamatory statements; or
- Compensation.
An offer to make amends must be in writing and be readily identifiable as an Offer to Make Amends.
If you believe you have been defamed it is important to speak with a defamation lawyer. Please contact me should you need assistance or have any questions regarding the above.
The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, FC Lawyers cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. FC Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. FC Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.
Prefer to get in touch?
With offices in Brisbane, Sunshine Coast, North Queensland and Sydney, our team is well equipped to provide both advice and support across a broad range of legal areas.
