Client Threatening Defamation Over a Negative Review: When to Send a Cease and Desist

You left an honest review about a tradesperson who botched your renovation. Now they are threatening to sue you for defamation.

Most defamation threats over negative reviews are bluster. But some are genuine.

What Australian law says about defamation and reviews

Defamation law in Australia protects reputation, but it also protects free speech. To succeed in a defamation claim, the claimant must prove three elements:

• A statement was published (shared with at least one other person)
• The statement identifies the person or business (directly or indirectly)
• The statement harms their reputation in the eyes of ordinary people

A negative review can meet all three. But that does not automatically make it defamatory. You have defences.

Common defences:

• Truth — if what you said is substantially true, it is not defamatory, even if it damages their reputation
• Honest opinion — if you expressed an opinion based on true facts and genuinely held it, you are protected
• Triviality — if the harm is minimal and unlikely to cause serious damage, the claim may fail
• Public interest — if the statement was made in the public interest and you reasonably believed it was true

Most negative reviews fall under honest opinion or truth. “This builder left my bathroom half-finished and stopped answering calls” is a statement of fact. If true, it is not defamatory. “This builder is incompetent” is opinion based on those facts. Also protected.

When a defamation threat is genuine vs intimidation

Not every defamation threat leads to court. Many are sent to scare you into removing a review. Here is how to tell the difference.

Signs the threat is genuine:

• The letter comes from a solicitor
• It identifies specific false statements of fact
• It provides evidence contradicting your claims
• It offers a reasonable resolution (retraction, apology, correction)

Signs the threat is intimidation:

• Vague accusations with no specific false statements identified
• Sent via Facebook message, email, or text from the business owner
• Threatens criminal charges (defamation is civil in Australia)
• Demands money or threatens to “destroy you”
• No mention of legal representation

If the threat is intimidation, responding with a cease and desist letter can backfire. You risk escalating a situation where the other party has no real intention of suing.

When to send a cease and desist letter in response

A cease and desist letter is appropriate when the other party is making ongoing false statements about you, harassing you, or threatening legal action without basis.

Use a cease and desist when:

• They are repeatedly contacting you with threats after you asked them to stop
• They are making false counter-claims about you publicly (posting lies about you on social media in retaliation)
• They are threatening to report you to authorities based on false information
• You have evidence your review is truthful and you want to formally assert your defences
• You want a documented record before any potential legal proceedings

Do not send a cease and desist when:

• The threat was a single message with no follow-up
• You are uncertain whether your review is defensible
• The business has already engaged a solicitor and formal proceedings are underway
• You posted something you now realise was inaccurate

Sending a cease and desist when you are in the wrong gives them ammunition. If your review contained false statements, the better response is to retract or correct it.

What to include in a defamation-related cease and desist

A defamation-related cease and desist letter must be precise. It should assert your legal position, identify the conduct you want stopped, and cite applicable law.

Essential elements:

1. Your position — state that your review was honest opinion or substantially true
2. Defences — cite the defences available under Australian defamation law (truth, honest opinion, triviality)
3. Evidence — reference the facts supporting your review (photos, invoices, correspondence)
4. Demand — specify what you want them to stop (threats, false counter-claims, harassment)
5. Consequences — state that continued threats or false statements may result in your own defamation claim or harassment complaint
6. Deadline — give them a reasonable time to cease the conduct (7-14 days)

Do not apologise. Do not retract your review unless you genuinely made an error. A cease and desist is a formal demand to stop unlawful conduct.

When to remove or edit your review instead

Sometimes the smartest move is to edit or remove the review, even if you believe it is defensible. Litigation is expensive, stressful, and time-consuming.

Edit or remove your review if:

• You made statements you cannot prove (e.g., “they are scammers” without evidence of fraud)
• The review was written in anger and includes exaggerations or assumptions
• The business has offered a reasonable resolution and you are satisfied
• The cost of defending a defamation claim outweighs the value of keeping the review public

You can edit a review to focus on verifiable facts and remove inflammatory language. “This business failed to deliver the service I paid for and refused to provide a refund” is safer than “This business is a scam and the owner is a crook.”

How Claim Done helps with defamation threats

If you have received a defamation threat over a review and you need to respond formally, Claim Done generates a cease and desist letter asserting your defences under Australian defamation law.

You tell us about the threat, your original review, and any evidence supporting your statements. Our Programmatic Algorithms draft a legally precise letter and deliver it to the other party by email.

Claim Done does not provide legal advice. But for straightforward threats where you need to assert your position and demand the harassment stops, Claim Done gets it done in about 5 minutes for a flat fee.

Most defamation threats over reviews are empty

Businesses threaten because they want the review removed, not because they want to litigate. Defamation cases are expensive, slow, and difficult to win if the review is substantially true or honest opinion.

If you are confident your review is defensible, do not be intimidated. If the threats continue or escalate, a cease and desist letter documents your position and makes it clear you will not be bullied.

Ready to respond? Generate a cease and desist letter through Claim Done in about five minutes.

Frequently Asked Questions

Can a business sue me for defamation over a negative Google review?

Yes, but only if the review contains false statements of fact that harm their reputation. Honest opinions based on your genuine experience are protected under Australian defamation law. If what you said is substantially true, they cannot successfully sue you.

What should I do if I receive a defamation threat over a review?

First, assess whether your review is defensible — is it true, or is it honest opinion based on facts? If yes, you can stand your ground. If the threats continue, consider a cease and desist letter.

Is it defamation to call a business a scam in a review?

Potentially, yes. Calling a business a scam is a serious allegation that implies fraud. Unless you can prove they engaged in fraudulent conduct, this statement may be defamatory. Stick to verifiable facts — what happened, what you paid, what you received, and whether they resolved the issue.

Can I be sued for defamation for sharing someone else's negative review?

Yes. Under Australian defamation law, anyone who publishes a defamatory statement can be liable, including people who share or repost it. If you share a review containing false statements, you can be sued even if you did not write the original review.

How much does it cost to defend a defamation claim in Australia?

Defamation litigation in Australia is expensive. Legal costs depend on the complexity of the case. This is why most defamation threats never reach court — the cost of litigation often exceeds the value of the dispute.