Cease and Desist Letter for Defamation in Australia | Claim Done
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 — $97
What is defamation under Australian law?
Under the Defamation Act 2005 (uniform legislation across all states and territories, except NT which has the Defamation Act 2006), a publication is defamatory if it:
- Identifies you (directly or by implication)
- Contains a false imputation that would lower your reputation in the eyes of ordinary reasonable people
- Was published to at least one third party
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.
What a cease and desist letter for defamation demands
- Immediate removal or retraction of the defamatory material
- A written apology (where appropriate)
- An undertaking not to repeat the defamatory statements
- 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 still makes sense — many publishers will remove material rather than defend a defamation claim.
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. For online material that remains live, a new cause of action arises each time it is accessed in Australia (the “single publication rule” may apply in some circumstances). Do not delay.
What if they ignore the cease and desist?
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 — $97 | NSW | VIC | QLD