Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

Cease and Desist Letter for Defamation in Australia

Being defamed in Australia — online, in print, or verbally — is damaging and stressful. A formal cease and desist letter is the first and most important step. It puts the publisher on legal notice, demands immediate removal or retraction, and creates a record that must be produced in any subsequent court proceedings.

Get your defamation cease and desist — $49

What is defamation under Australian law?

Under the Defamation Act 2005 (uniform legislation: the Defamation Act 2005 in each state, the Defamation Act 2006 in the Northern Territory and the Civil Law (Wrongs) Act 2002 in the Australian Capital Territory), a publication is defamatory if it:

• Identifies you (directly or by implication)
• Carries an imputation that would lower your reputation in the eyes of ordinary reasonable people
• Was published to at least one third party
• Has caused, or is likely to cause, serious harm to your reputation (for a company, serious financial loss)

Common examples: false negative reviews, social media posts falsely accusing you of crimes or misconduct, defamatory articles, emails to colleagues or clients making false claims about you.

Most companies with 10 or more employees cannot sue for defamation, and a review is not defamatory just because it is negative.

What a cease and desist letter for defamation demands

1. Immediate removal or retraction of the defamatory material
2. A written apology (where appropriate)
3. An undertaking not to repeat the defamatory statements
4. Compensation for damage to reputation or loss (in serious cases)

Defences the publisher may raise

The main defences to defamation under the Act are:

• Justification/Truth — the statement is substantially true
• Honest opinion — the statement was clearly an opinion based on proper material
• Qualified privilege — the statement was made in circumstances where the publisher had a duty to communicate it
• Innocent dissemination — the publisher did not know and had no reason to suspect the material was defamatory

If any of these defences apply, your claim becomes more complex. A cease and desist letter can still set out your position and ask for the material to be removed.

Time limit — act quickly

There is a 12-month limitation period for defamation claims in most states, running from the date the material was first published. Under the single publication rule adopted in most jurisdictions, the 12 months runs from when the material was first published online, even if it stays up. Do not delay.

What if they ignore the cease and desist?

In most jurisdictions you must give the publisher a concerns notice before defamation proceedings can start (Claim Done drafts one: Defamation Concerns Notice). If the defamatory material is not removed after the deadline, the next step is an application for an urgent injunction in the state Supreme Court to prevent further publication, or commencing defamation proceedings for damages. In serious cases, interim injunctions can be obtained within days.

Get your defamation cease and desist — $49 | New South Wales | Victoria | Queensland