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ARTICLE · 28 SEPTEMBER 2025

Why ‘Alleged' Isn't Enough – Defamation Defence Myths

The use of the word "alleged" has long been misunderstood as a protective device in defamation law.

AustraliaLitigation, Mediation & Arbitration

Article Summary

Many people mistakenly believe that simply adding the word "alleged" to an accusation will protect them from being sued for defamation.

In reality, the law is concerned with the overall impression that a publication leaves on the ordinary reader, viewer, or listener.

If the publication suggests that someone is guilty of misconduct, criminal behaviour, or other damaging actions, then using the word "alleged" will not prevent liability.

Courts examine the entire context — including headlines, images, tone, and presentation — because these elements often outweigh cautious wording or disclaimers buried in the text.

This means that relying on "alleged" as a safeguard is a serious risk. Publishers, journalists, and individuals on social media must understand that liability depends on substance, not form.

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