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3 Cards in this Set
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- Back
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INNUENDO: |
A statement need not directly criticise the claimant. It may do so by implication, known as an 'innuendo'. THERE ARE TWO DIFFERENT TYPES OF SCENARIO: 1) 'True' (or 'Legal') innuendo. 2) 'False' innuendo. |
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'TRUE' INNUENDO: |
There may be circumstances where the claimant alleges that the statement is defamatory because SPECIFIC FACTS known to the reader give the statement an additional meaning. TOLLEY v JS FRY & SONS LTD (1931): Successful claim! A caricature of Tolley was published, and in it was a bar of Fry's chocolate in his back pocket. It was held that this was defamatory as it implied that he had agreed to appear in an advertisement, and had therefore behaved in a way that an amateur sportsman should not. |
The specific fact in this case is that he was an amateur and so shouldn't have been profiting. |
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FALSE INNUENDO: |
This type of innuendo does not depend on extrinsic facts, but rather the double meaning of words, or on reading between the lines. Basically saying that someone went somewhere, giving the impression they did something untoward, even though there is no proof that what's been suggested actually took place. Due to the innuendo, 9/10 would think the claimant was there for an immoral purpose. LEWIS v DAILY TELEGRAPH (1964): C was unsuccessful. The reports were true. |
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