The Defamation Demand Letter is a crucial initial step in addressing defamation issues under Hong Kong law. It serves as a formal notification to the alleged defamer and typically precedes any court proceedings. This document is employed when an individual or organization believes their reputation has been damaged through false statements, whether written (libel) or spoken (slander). The letter must carefully detail the defamatory statements, provide evidence of their falsity, outline the damage caused, and make specific demands for remedy. In Hong Kong's business-focused environment, these letters often address both traditional and digital forms of defamation, reflecting the jurisdiction's modern commercial context while adhering to principles established in the Defamation Ordinance and common law.
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1. Sender and Recipient Details: Full names and addresses of both parties, including the date and any reference numbers
2. Subject Line: Clear identification that this is a formal demand letter regarding defamation
3. Identification of Defamatory Statement: Precise details of when, where, and how the defamatory statement was made, including exact quotes if available
4. Factual Background: Brief explanation of the context and why the statements are false
5. Legal Basis: Reference to relevant laws and legal grounds for the defamation claim
6. Impact and Damages: Description of the harm caused to the client's reputation and any quantifiable damages
7. Formal Demands: Clear list of actions required from the recipient, including timeframes
8. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met
9. Closing: Formal closing with deadline for response and contact information
1. Previous Correspondence: Reference to any previous attempts to resolve the matter, used when there has been prior communication
2. Evidence Preservation Notice: Request to preserve all relevant documents and communications, used when there's risk of evidence being destroyed
3. Without Prejudice Save as to Costs: Legal reservation to protect the sender's position in subsequent litigation, used when including settlement offers
4. Media and Publicity: Instructions regarding public statements or media coverage, used when there's risk of further publication
5. Third Party Notice: Notice regarding copying the letter to relevant third parties, used when other parties need to be informed
1. Schedule A - Evidence of Defamatory Statements: Copies or screenshots of the defamatory statements, publications, or transcripts
2. Schedule B - Timeline of Events: Chronological listing of relevant events and communications
3. Schedule C - Damage Documentation: Evidence of financial or reputational damage caused by the defamation
4. Schedule D - Draft Retraction Statement: Proposed wording for public retraction and apology if required
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