If you are threatened with legal action for defamation
Receiving a solicitor’s letter or concerns notice that threatens to sue you for defamation can be stressful and intimidating. Such threats are sometimes made to people and organisations that have commented on matters of political or public interest. Many of the defences discussed in this chapter apply to such comments.
It is important that you respond quickly after receiving such a letter. Section 40 of the Defamation Act contains significant cost penalties for defendants who unreasonably fail to make a settlement offer and for plaintiffs who unreasonably fail to accept a settlement offer.
A defendant who has made an early offer in accordance with the legislation may rely on the offer as a defence to any action brought against them (Defamation Act s 18(1)).
Free legal advice can be obtained from a community legal centre; see Chapter 2.3: Legal services that can help.
If you are threatened with legal action for defamation
Chapter: 11.2: Defamation and your rights
Contributor: Liz Main, Barrister
Current as of: 1 October 2024
Law Handbook Page: 920
Next Section: More information
