Imputations play a crucial role in defamation cases, as they help identify the defamatory meaning or meanings conveyed by the published material.

This blog post discusses the significance of pleading imputations in defamation cases, the role of context in determining their meaning, and the importance of ensuring that imputations are sufficiently precise and unambiguous.

Imputations under the Uniform Defamation Legislation

The significance of pleading imputations has evolved under the uniform defamation legislation. Previously, under the Defamation Act 1974 (NSW), each imputation constituted a separate cause of action, as seen in Petritsis v Hellenic Herald Pty Ltd [1978] 2 NSWLR 174. However, under the current legislation, there is a single cause of action for the publication of defamatory material, even if multiple imputations are conveyed.

Pleading imputations serves several purposes, including identifying the scope of inquiry for trial and allowing defendants to raise defences, including statutory defences under sections 25 and 26 of the Defamation Act, which are responsive to imputations (Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125).

The Role of Context in Determining Imputations

The context of the published material is crucial in determining the meaning of a pleaded imputation.

According to Mason P in Greek Herald Pty Ltd v Nikopoulos (2002) 54 NSWLR 165, imputations should not be considered in isolation, but rather, in relation to the subject matter of the publication.

Context may clarify or intensify the "sting" of an imputation, or conversely, it may weaken it (Greek Herald Pty Ltd v Nikopoulos at [20]–[22]).

However, it is important to note that context cannot be used to change the meaning of an imputation that has been clearly chosen by the pleader (Charan v Nationwide News Pty Ltd [2019] VSCA 36 at [140]).

The Importance of Precision and Unambiguity

Imputations should be sufficiently precise and unambiguous to enable a fair trial.

Ambiguity in imputations may need to be resolved as an interlocutory issue before or during the trial (Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125 at [171]).

The trier of fact, whether a judge or a jury, should not have to resolve any ambiguity in the pleaded imputations, as their task is to determine the meaning of the published material rather than the meaning of the parties' pleadings (Singleton v Ffrench; Greek Herald Pty Ltd v Nikopoulos at [24]; Gacic v John Fairfax Publications Pty Ltd [2011] NSWCA 362 at [68]; Fenn v Australian Broadcasting Corporation at [47]).

Key Take-Aways

Imputations are central to defamation cases, as they help define the defamatory meaning or meanings conveyed by the published material.
When pleading imputations, it is important to consider the context in which they appear and to ensure that they are sufficiently precise and unambiguous.
By doing so, parties can streamline the litigation process and enable a fair and efficient trial.