NSW Defamation of Character - Help with Apology Letter?

Discussion in 'Defamation Law Forum' started by Sean Alves, 19 February 2019.

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  1. Sean Alves

    Sean Alves Member

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    Hey guys,

    First time poster. I've received a letter which I interpret as a cease and desist but they don't use those words.

    It is titled "Law of Defamation" with the body reading:


    [My partner's name],

    I have sought out legal advice for demafation of my character against you, C F, for comments made on my gallery’s Instagram page. This is a public space and you do not have the right, by law, to make such accusations against me.

    Firstly, I will ask that you retract the comment you made about me “supporting abusers”, this is a false statement that has been made regarding my business. Secondly, I will ask that you stop making further false comments about me and my business. This statement was published with malice (that is, with an intention of injuring my business).

    I am entitled to sue you for defamation of character as well as emotional distress, which I will do. You have caused me severe anxiety, stress and depression. I have not done anything wrong and feel I am being attacked and bullied by you.

    I have the necessary proof that you have made such false claims and my lawyer will be in touch with you soon.

    The facts:
    • a comment was made by myself and my partner on an instagram post claiming that the supports abusers. As he had control of the account the comments were deleted promptly and were up for less than half hour.
    • a comment was posted by my partner on a gallery's page sharing his work which has since been deleted by my partner.
    • he has come back with this letter asking it to stop. We will comply of course.
    My questions are:
    • Is this just a warning before legal action?
    • Should we reply to this email and offer an apology?
    • Does an apology put us in a bad position?
    • Is there a way to offer a sincere apology without having to settle on damages or end up in court?
    • And lastly, if the apology letter is the way to go, is anyone able to help write or have a template apology letter for me to use?
    Thanks in advance
     
  2. Scruff

    Scruff Well-Known Member

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    Just a note that you left a name in the first paragraph of the quoted letter.

    If you want it removed, click the "Report" button at the lower left of your post and ask the admins to remove the name for you. It will usually be done within 24 hours.
     
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  3. Rod

    Rod Lawyer
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    1. Quite likely
    2. Yes
    3. No
    4. Yes. The other side needs to agree. This is outside your control.
    5. Look online, there are bound to be free examples. I can help if you can't find any, but look for free examples to begin with.
     
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