General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, United States (General), England & Wales.
Defendant Centre
If you are defending this
Someone has raised this against you, so the guide below is most useful for understanding what you must respond to, and by when.
- Find the deadline on anything you have been served with and diarise it immediately.
- Do not ignore it — many processes allow a decision to be made against you if you do not respond.
- Preserve documents and messages now; deleting anything is far worse than the underlying dispute.
- Separate what you genuinely dispute from what you accept, so the response is focused.
- Consider whether you have a claim of your own arising from the same events.
- Check whether an insurance policy or an employer may be required to cover or defend it.
Reading this from the other side? Switch to the Plaintiff Centre view.
What a defamation claim generally requires
Across most systems a defamation claim starts from three building blocks. Statements that are hurtful but do not meet all three are common, and are usually better addressed by other routes.
- A statement that would tend to lower the person in the estimation of others
- That refers to the claimant, directly or identifiably
- That was communicated to at least one other person
The defences that decide most cases
| Defence | Broad idea | What it turns on |
|---|---|---|
| Truth | The substance of the statement is true | Provable facts, not belief |
| Opinion / fair comment | An honest opinion on a matter of public interest | Whether the factual basis is stated and true |
| Privilege | The occasion protects the communication | The relationship and purpose of the exchange |
| Responsible publication | Care taken on a matter of public interest | Verification steps and the chance to respond |
Online, the fact–opinion line is the usual battleground. 'This company is a scam' reads as a factual assertion; 'I found the service disappointing' reads as opinion. The wording, and whether the underlying facts are stated, matter more than the strength of feeling.
Reviews, posts and platform routes
First
Capture the statement — full-page screenshots with URL, date and visible context, plus an archive link.
Then
Check the platform's policies; many remove content that is fabricated, targeted or breaches review rules.
Consider
A calm public reply often does more for a reader's impression than removal does.
If persistent
A written notice identifying the specific words is normally required before any claim.
Anonymous posters and platform liability+
Platforms are shielded from liability for user content to differing degrees depending on the country, and identifying an anonymous poster typically requires a separate court order directed at the platform or an internet provider. Both steps add time and cost before the main dispute begins.
Notice periods and limitationGeneral guidance
Defamation carries some of the shortest deadlines in civil law. Several systems require a written notice within days or weeks of becoming aware of a publication, and the limitation period itself is often shorter than for other claims. Anti-SLAPP style mechanisms may also allow an early challenge to claims touching on matters of public interest.
Documents to gather
- Full screenshots of the statement with URL, date and surrounding context
- Archive or cache links preserving the original page
- Any correspondence with the author or the platform
- Platform reports submitted and the responses received
- Records of the audience: views, shares, follower counts where available
Evidence that carries weight
- Evidence that people who know you saw and understood the statement
- Financial records showing cancellations, lost contracts or booking changes
- Evidence of the true position where the statement is factually wrong
- A timeline of the publication and any republication
- Witness accounts of the effect on your reputation
Want both lists in one printable page?
Common mistakes
- Responding publicly in a way that escalates the audience
- Waiting past a short statutory notice period while deciding what to do
- Failing to preserve the post before it is edited or deleted
- Treating an unfavourable opinion as a factual assertion
- Overlooking that a claim can amplify the original statement
Frequently asked
It is a negative review. Is that defamation?
A genuine, honestly held opinion about an experience is usually treated as opinion rather than a false statement of fact. Reviews that fabricate events or accuse someone of misconduct are assessed differently.
What if the statement is true but private?
Truth generally answers a defamation claim, but disclosure of private facts may raise separate privacy issues in some jurisdictions.
Can I make the platform take it down?
Platforms mostly act on their own policies rather than on a demand. A court order is normally what compels removal, and platform protections vary considerably by country.
Do I have to prove I lost money?
It depends on the system and the form of the statement. Some require serious harm or financial loss to be shown; others presume damage for written statements.
The poster is anonymous. Is that the end of it?
Not necessarily, but identification usually requires a separate application against the platform or provider, which adds time and cost before the substance is reached.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide.
Assess my situationAssessment topics related to this guide
Topics in this guide
Related guides
Recommended next read
Breach of Contract
What has to be shown in a contract dispute, how losses are usually measured, and the records that carry the most weight.
Recommended next read
Small Claims Court
How simplified courts work, what they are good for, and how to prepare a claim or a defence without a lawyer.
Recommended next read
Copyright Infringement
What to do when your work is used without permission, how ownership is established, and what a realistic outcome looks like.
Related reading
Administrative Appeals
How decisions by public bodies, tribunals and regulators are reviewed, why the record matters more than new arguments, and why the deadlines are so short.
This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.