Defamatory Meaning And The Ordinary Reasonable Person Test

Article Summary

Defamatory meaning is the reputational accusation an ordinary reasonable person would take from a publication read as a whole. The test allows reasonable implications, but not strained ones. It asks what the publication conveys, rather than what the publisher intended or how hurt the person named feels. An accusation can damage professional standing as well as personal reputation.

In Queensland, establishing a defamatory meaning is only part of a claim. The plaintiff must also establish publication, identification and that the publication caused, or is likely to cause, serious harm to reputation under s 10A of the Defamation Act 2005 (Qld).

A concerns notice must identify the imputations relied upon before proceedings are commenced.