Understanding your situation
What you need to prepare
- ✓The exact false statements — quoted verbatim with the source (URL, publication, date)
- ✓Evidence that the statements are false — documents, records, testimony
- ✓Evidence of publication — screenshots with timestamps and URLs
- ✓Documentation of damages — lost business, lost employment, emotional distress
- ✓The identity of the person who made the statements
- ✓Your jurisdiction — defamation laws and retraction requirements vary significantly
- ✓Any prior communication with the defamer about the statements
⏰ Deadline
Send promptly after discovering the defamatory statements. In states with retraction demand requirements, the timeline may affect recoverable damages. Give the recipient 14 days to retract and remove.
🏛️ Authority
Civil court (defamation lawsuit). Platform reporting (content removal). UK: High Court or County Court (Defamation Act 2013). DE: Landgericht (Unterlassungsklage).
⚖️ Legal basis
US: State defamation law, retraction statutes (CA Civil Code § 48a, TX CPRC Ch. 73), anti-SLAPP statutes (CA CCP § 425.16). UK: Defamation Act 2013. DE: § 823 BGB, § 1004 BGB, Art. 1, 2 GG.
Expert tips
- 1Identify the specific false FACTUAL statements, not just negative opinions. Courts protect statements of opinion.
- 2Screenshot and archive everything before sending the letter. The defamer may delete content after receiving your letter.
- 3In California, Texas, and other states with retraction statutes, sending a retraction demand before filing suit is essential.
- 4Be aware of anti-SLAPP statutes. If the motion succeeds, you pay the defendant's attorney fees.
- 5Distinguish between the person who made the statements and the platform hosting them.
- 6For anonymous defamation, you may need a John Doe lawsuit to subpoena the platform for identity.
- 7In the UK, the Defamation Act 2013 requires proof of serious harm to reputation.
