I received a defamation letter of demand — how should I respond?

A letter from a law firm saying you have defamed someone, demanding an apology and compensation within days, can be alarming. It is a serious step, but it is not a court judgment. A calm, well-advised response can often resolve the matter or put you in a strong position if it goes further.

Step 1: Read the letter carefully

Identify:

• Who is complaining and who the lawyers act for.
• What statement is complained of, where and when it was published.
• What they demand: removal, apology, undertaking, compensation, costs.
• The deadline for your response.

The deadline in a letter is set by the other side, not the court. But ignoring it often leads to a writ being filed, and an early response gives you more control.

Step 2: Preserve, but stop spreading

• Keep a copy of what you posted or sent, including the date, platform and audience.
• Do not repost, comment further or discuss the complaint publicly.
• Consider whether temporarily hiding or removing the post would reduce further harm. Take advice on this, because removal is not an admission but can be relevant to the dispute.
• Do not delete related evidence such as your sources or messages.

Step 3: Check your defences

Discuss with your lawyer whether you have a defence:

• Justification (truth): can you prove the statement is substantially true?
• Fair comment: was it an honest opinion on a matter of public interest, based on true facts?
• Privilege: was it said in a protected context, such as a complaint to a proper authority made in good faith?
• Meaning: what would an ordinary reader understand it to mean? Sometimes the complaint reads more into the words than they say.

See defamation defences.

Have a question about your own situation? Ask on WhatsApp

Step 4: Choose a response strategy

1. Deny and explain: if you have a good defence, a firm but polite reply setting out your position.
2. Clarify or correct: if part of the statement was wrong, a correction can limit the dispute.
3. Apologise and retract: a sincere, agreed apology and removal often resolves cases and can be relevant to damages.
4. Offer of amends: the Defamation Act 1957 provides a procedure for unintentional defamation where the publisher offers a suitable correction and apology; strict conditions apply.
5. Negotiate: compensation and costs can be discussed, often on a without-prejudice basis.

Step 5: Reply through a lawyer

Your reply may be shown to a court later. A lawyer can frame it so you do not make admissions you do not intend, and can mark settlement discussions "without prejudice" where appropriate.

Common mistakes: ignoring the letter, replying emotionally on social media, admitting more than necessary, apologising in words that create new problems, and deleting your evidence.

When to speak to a lawyer

As soon as you receive the letter, before the deadline. You can contact us; every case depends on its facts.

Frequently asked questions

Will apologising mean I lose the case?

An apology can resolve a dispute and can be relevant to damages, but its wording matters. Get advice before apologising.

Can I be sued for something I posted in a private group?

Yes, publication to group members can be enough. The size and nature of the audience is relevant to the seriousness.

Is this also a criminal matter?

Some online conduct can involve offences such as under the Communications and Multimedia Act 1998, but a letter of demand is a civil step. See s.233 CMA vs civil defamation.

What if I only shared someone else's post?

Sharing or repeating a defamatory statement can be publication. Your role and knowledge are relevant.

What if I do nothing and they file a writ?

You will then have strict court deadlines. See received a writ of summons.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
2. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia

Fact-checked on 17 Oct 2026