The defence of contextual truth in defamation

Article Summary

In this article our defamation lawyers discuss the legal concept of "contextual truth" in Australian defamation law, a defence introduced by the Defamation Act 2005 and later clarified by the Defamation Amendment Act 2020.

The defence allows a defendant to argue that even if some defamatory statements are untrue, the publication as a whole includes substantially true statements that negate further reputational harm to the plaintiff.

Key Aspects of the Defence of Contextual Truth:

1. Substantial Truth Requirement – The defendant must prove that some statements within the publication (referred to as "contextual imputations") are substantially true. These imputations should differ in substance from the plaintiff's allegations and must mitigate the harm caused by any false statements.