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ARTICLE · 03 NOVEMBER 2021

Defamation 101 – Imputations

Rostron Carlyle Rojas
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This article examines how a court deals with imputation when considering if an aggrieved person has been defamed.

AustraliaLitigation, Mediation & Arbitration
Michael Finch
Michael Finch
Ella Mackintosh
Ella Mackintosh
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Defamation law is concerned with the damage caused by a publication that puts a person's reputation or character into question or disrepute in the eyes of the public. How those words which become the subject of examination in defamation matters are interpreted may be different depending on the context of the publication and with who is reading it. For this reason, the court needs to examine each of those words and phrases for their imputation – i.e. what they stand to mean. This article dives into what an imputation is and how the court deals with the determination of an imputation when considering whether an aggrieved person has been defamed.

In any claim for defamation, there are two fundamental elements to be determined by the Court in respect of imputations:

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