Concerns Notice: What Businesses Need To Know and How to Respond

Receiving a concerns notice can be unsettling - especially if you’re running a small business where your brand reputation, customer trust, and online presence are critical.

In plain terms, a concerns notice (sometimes called a notice of concern or concern notice) is often the “heads up” that someone believes your business has published something that is defamatory and wants you to address it before the issue escalates.

In Australia, concerns notices are also part of the formal pre-litigation framework under the Defamation Act in each state and territory (the “uniform defamation laws”). In many cases, a person needs to issue a valid concerns notice before they can start defamation proceedings, and the notice is designed to open the door to an “offer to make amends” and early resolution.

If you handle a concerns notice well, you may be able to resolve the matter quickly, reduce legal risk, and protect your business relationships. If you ignore it or respond in the wrong way, you can accidentally make the situation worse.

Below, we’ll break down what a concerns notice is, what it usually includes, what you should do next, and how to respond in a way that’s commercially sensible and legally cautious.

Important: This article is general information for Australian businesses and isn’t legal advice. Defamation risk is highly fact-specific, and the law can differ depending on the state/territory and what was published.

What Is A Concerns Notice (And When Do Businesses Receive One)?

A concerns notice is commonly used in defamation-related disputes. It’s generally a formal written notice from a person (or their lawyer) claiming your business has published something that:

• identifies them (directly or indirectly),
• is communicated to at least one other person (i.e. it’s “published” in the legal sense), and
• harms their reputation (or could harm it).

It’s also worth knowing that, under the uniform defamation laws, a defamation claim generally needs to meet a “serious harm” threshold. That means not every complaint about something unflattering will necessarily be actionable - but you should still treat a concerns notice seriously, because the question of “serious harm” depends on the content, audience, and real-world impact.

For small businesses, the “publication” is often something that feels routine or operational, such as:

• a negative social media post about a customer or ex-contractor,
• a reply to an online review,
• a newsletter or marketing email,
• a blog post, testimonial, or case study on your website,
• an internal email that gets forwarded more widely than expected,
• public signage (for example, “do not serve” warnings displayed where others can see), or
• a message in a community Facebook group.

Importantly, a concerns notice can also arise in competitive business contexts - for example, where there’s a dispute with a former supplier, a franchisee, a competitor, or even a dissatisfied customer.

Is A Concerns Notice The Same As A Letter Of Demand?

Not always. A letter of demand is a broader concept: it can demand payment, demand you stop certain conduct, or demand you comply with a contract.

A concerns notice is usually more specific and is linked to a defamation process. In many cases, it’s sent before a formal claim is filed, and it’s designed to encourage resolution without litigation (including through an “offer to make amends” process).

In practice though, many concerns notices will still read like a demand - they might require you to remove content, apologise, or pay compensation.

Why A Concerns Notice Matters For Your Business (Even If You Think You’re Right)

When you’re running a business, it’s natural to think: “But what we said is true,” or “They started it,” or “We were just warning others.”

Even if you believe you’re in the right, a concerns notice matters because defamation disputes are rarely just about who feels offended - they’re about risk management, evidence, and how the situation could look in a courtroom (or to your customers).

It also matters because not everyone has the same rights to sue for defamation. For example, many companies cannot sue for defamation at all under Australian law (there are limited exceptions, such as some small businesses), but individuals associated with a business (like directors) may still bring a claim depending on what was said and who it referred to. You shouldn’t assume a complaint has “no teeth” just because it involves a business context.

Some of the practical risks for your business include:

• Legal costs and time: disputes can quickly become expensive and distracting.
• Reputation damage: public arguments (especially online) can harm your brand even if you “win” the debate.
• Escalation risk: a careless response can lead to further publication, making the alleged harm worse.
• Employee conduct issues: staff may respond emotionally from a business account and create additional exposure.
• Platform consequences: some platforms may remove your content, suspend accounts, or restrict advertising.

Also, it’s common for defamation issues to overlap with other legal risk areas - for example, statements that are alleged to be defamatory might also be alleged to involve misrepresentation or misleading or deceptive conduct, depending on the context and what was said.

What A Concerns Notice Usually Includes (And What To Check First)

A concerns notice is typically a written document (often emailed) that sets out what the person says is wrong and what they want you to do about it.

While the exact requirements can vary depending on where you are and what law applies, concerns notices commonly include:

• the content complained about (for example, a screenshot, URL, or transcript),
• where and when it was published,
• why the content is said to be defamatory (including the harm they say it has caused),
• the “imputations” (i.e. the meanings they say ordinary readers would take from the content), and
• what the sender wants as a resolution (e.g. removal, corrections, apology, undertakings, compensation, or costs).

Quick Triage Questions For Business Owners

Before you reply (or forward it to your team), it helps to do a quick triage. Ask:

• Is the content still live? If it’s on your website or social media, confirm whether it’s still accessible.
• Who posted it? Was it an employee, a contractor, an agency, or an automated integration?
• Where was it published? Website, Google Business Profile, Instagram, email newsletter, printed materials?
• Who can see it? Public, private group, customers only, internal team?
• Do you have records? Screenshots, drafts, internal approvals, and context matter.
• Is this really about defamation? Sometimes a “concerns notice” label is used loosely to pressure you in a broader commercial dispute.

If the publication is on your website, it’s also a good time to check the legal framework you’ve put around your online content - for example, your Website Terms and Conditions can help set expectations about user-generated content, moderation, and how you handle complaints.

How To Respond To A Concerns Notice: A Practical Step-By-Step Approach

When you receive a concerns notice, the goal is usually to control the risk and avoid making admissions or escalating unnecessarily - while still responding professionally and promptly.

Also keep in mind that defamation claims have strict time limits (often one year from publication, with limited extensions in some circumstances). A sender may be moving quickly for that reason, and delays on your side can reduce your options for a clean resolution.

1. Don’t Respond Publicly (And Don’t Argue Online)

If the concerns notice relates to something posted online (like a social media post or reply to a review), it can be tempting to “defend the business” publicly.

In many situations, a public back-and-forth is exactly what increases risk. It can create:

• more “publications” of the disputed statements,
• fresh allegations about tone or intent, and
• screenshots that live forever (even if you delete later).

If the issue started as an online review dispute, you’ll want to be especially careful. Even a short business reply can become the centre of the dispute. If this is your situation, it can help to read up on fake Google reviews and how to address them without creating additional legal exposure.

2. Preserve Evidence Immediately

Before you edit, delete, or “fix” anything, capture and preserve what exists right now. That can include:

• screenshots of the post and comments,
• URLs, timestamps, and account details,
• admin logs (if available),
• draft versions and internal approvals, and
• communications that explain the context (for example, customer complaints that led to the post).

This protects your business if the dispute escalates. It also makes it much easier for a lawyer to advise you properly.

3. Pause Any Further Publication

If you’re still publishing related content (for example, ongoing posts about a dispute), stop and reassess.

This doesn’t mean you must remove the disputed material immediately in every situation. But you should avoid creating additional versions or repeating the claims while you’re assessing legal risk.

4. Confirm Who Will Handle The Response Internally

Choose one responsible person to manage the response (for example, the business owner or a director) and make sure staff know not to reply independently.

In small businesses, disputes often escalate because multiple team members respond across different channels - email, Instagram DMs, comment threads, and review platforms - without a coordinated strategy.

5. Consider Your Resolution Options (Including Non-Legal Ones)

Not every concerns notice needs a “legal fight.” Depending on what was published and why, commercial resolution options may include:

• removing or editing the content,
• publishing a clarification or correction,
• offering an apology (carefully drafted),
• agreeing not to republish, or
• proposing a practical outcome (like moving the conversation offline, or offering a refund) where appropriate.

Sometimes, the best business outcome is to resolve quickly and move on - but you’ll want to do it in a way that doesn’t accidentally create admissions or set a precedent you’ll regret later.

6. Get Legal Advice Before You Send Any “Final” Position

Because defamation risk is highly fact-specific, it’s worth getting advice early - especially if the sender is threatening legal proceedings or demanding money.

It’s also important to handle the “offer to make amends” process carefully. A well-judged offer can sometimes resolve the matter on workable terms, but a poorly framed response can narrow your options later.

If your business wants to send a firm written response, it may also be appropriate to send something in the style of a cease and desist letter in certain situations (for example, where a competitor is spreading false claims about your business and you need them to stop). The key is choosing the right tool for the facts.

What Not To Do When You Receive A Concerns Notice

When you’re under pressure, it’s easy to make fast decisions that feel satisfying in the moment - but create long-term risk.

Here are common mistakes we see businesses make after receiving a concerns notice.

Admitting Liability (Accidentally)

A rushed reply like “sorry, we didn’t mean it” or “we’ll take it down if you stop complaining” can sometimes be interpreted as an admission that the material was wrong or unlawful.

You can still be polite and solutions-focused without conceding legal liability.

Threatening The Other Party Without A Strategy

Threats can backfire if you can’t (or don’t intend to) follow through. They can also escalate the dispute and make resolution harder.

If you need a firm approach, it should be aligned with a real strategy, supported by evidence, and ideally reviewed by a lawyer first.

Deleting Everything Without Keeping Records

It’s common to want to remove the post immediately. Sometimes removal is sensible - but don’t delete first and ask questions later.

Preserve evidence, then decide on the best path forward.

Letting The Dispute Play Out In Reviews Or Social Media Comments

Review and social media disputes can spiral quickly, and your replies can be quoted out of context.

Where the complaint involves online reviews (especially if you believe the review is false), it may be more effective to focus on measured, policy-based responses. In some cases, you may need a strategy similar to how you’d approach fake Google reviews - dealing with the reputational risk while avoiding legal pitfalls.

How To Reduce The Risk Of Future Concerns Notices

You can’t always stop someone from sending a concerns notice. But you can reduce the likelihood of one landing in your inbox by setting clear internal rules about what your business publishes and how disputes are handled.

Put A Clear “Online Publishing” Process In Place

If staff post from business accounts (or respond to reviews), you should have clear guidelines on:

• who can post and approve posts,
• what language is off-limits (especially accusations about honesty, criminality, or competence),
• how to respond to criticism without “naming and shaming”, and
• when to escalate to a manager.

Use Strong Website And Platform Terms

If your website allows reviews, comments, testimonials, or user-submitted content, your terms should address moderation and takedown processes.

Having fit-for-purpose Website Terms and Conditions can support your position when you need to remove content or manage complaints quickly, without extended debate.

Check Your Marketing Claims Are Accurate And Fair

Sometimes a concerns notice arrives alongside allegations that your advertising is unfair, inaccurate, or damaging to another business.

Even when you’re talking about your own products, it’s worth ensuring your claims are clear and supportable to avoid disputes that blend reputational and consumer law issues.

Handle Personal Information Carefully

A surprising number of disputes escalate because a business shares identifiable information - even if it’s “just a first name,” an email address, or order details - when replying to criticism.

If your business collects and uses personal information (especially online), having a clear Privacy Policy and training staff on what cannot be shared publicly can help prevent issues before they start.

Key Takeaways

• A concerns notice is often a formal pre-litigation step in defamation disputes under Australia’s uniform defamation laws, and small businesses commonly receive them after publishing content online (including review replies and social posts).
• Even if you believe the statement is true or justified, how you respond matters - public arguments and rushed admissions can increase your legal and reputational risk.
• Your first steps should be to preserve evidence, pause further publication, and coordinate a single internal response strategy.
• Resolution options can include takedowns, corrections, clarifications, and carefully drafted apologies, but these should be approached cautiously and commercially.
• Ongoing risk reduction comes from clearer publishing processes, appropriate website terms, accurate marketing practices, and careful handling of personal information.
• Early legal advice can help you respond firmly (where needed) while protecting your business from unnecessary escalation and cost, including navigating the “serious harm” threshold and the offer-to-make-amends process.

If you’d like a consultation on responding to a concerns notice or putting the right protections in place for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.