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What do I do if I receive a defamation letter in Queensland?

Process & Procedure

Receiving a legal letter claiming you have defamed someone can be alarming. But defamation law in Queensland has a structured pre-litigation process, and you have rights and defences.

Step 1: The Concerns Notice

Before a defamation claim can be filed in Queensland, the aggrieved person must first send a concerns notice to the publisher.1 This notice must:

  • Specify the publication complained of
  • Specify the defamatory imputations alleged
  • State that the recipient has the opportunity to make an offer to make amends

You have 28 days from receipt of the concerns notice to make an offer to make amends (or such further time as agreed).

Step 2: Your Options After Receiving a Concerns Notice

Once you receive a concerns notice, you can:

A. Make an Offer to Make Amends

An offer to make amends may include:

  • Publishing a correction or apology
  • Removing the publication
  • Paying compensation

If you make a reasonable offer and it is rejected, this is a complete defence to any subsequent defamation claim.2

B. Dispute the Claim

If you believe you have a valid defence, you may respond declining to make amends and asserting your defence. Defences include:

  • Truth (Justification): The publication was substantially true.3
  • Honest Opinion: An honestly held opinion based on proper material.4
  • Public Interest: The publication was on a matter of public interest and you reasonably believed it was in the public interest to publish it.5
  • Qualified Privilege: Publication was in a protected context.

Time Limits

A defamation claim must be commenced within 1 year of publication (with a discretionary extension to 3 years in some circumstances).6

Do not assume that because a post is old, no claim can be made, particularly where the publication is still accessible online.

What NOT To Do

  • ❌ Do not delete the post immediately without taking advice, this could be evidence destruction.
  • ❌ Do not ignore the letter — failure to respond within time may prejudice your ability to rely on defences.
  • ❌ Do not respond yourself without legal advice, anything you say can be used against you.
  • ❌ Do not re-publish or elaborate on the original publication.

Received a Concerns Notice?

Time is critical. Bell & Senior Lawyers can assess your defences and advise on the best course of action.

📞 Phone: (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us

  1. Defamation Act 2005 (Qld) s 12A (concerns notice requirement, inserted by Defamation Amendment Act 2021 (Qld) s 7). Note: The concerns notice requirement applies to defamation claims commenced after the 2021 reforms. ↩︎

  2. Defamation Act 2005 (Qld) s 18 (offer to make amends as a defence). ↩︎

  3. Defamation Act 2005 (Qld) s 25 (justification). ↩︎

  4. Defamation Act 2005 (Qld) s 31 (honest opinion). ↩︎

  5. Defamation Act 2005 (Qld) s 29A (public interest defence, inserted 2021). ↩︎

  6. Limitation of Actions Act 1974 (Qld) s 10AA; Defamation Act 2005 (Qld) s 56. ↩︎

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