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    Doing an EPQ on libel reform - need to understand this so that my bit of the essay that deals with the current law is accurate.

    The way I understand it - and I'm not sure about this - is that innuendo must be specifically pleaded by the claimant, who must show that the special facts or circumstances not only existed but were known by those to whom the statement was published. Then, if these are proven, the jury must decide what meaning a reasonable person, knowing of those facts of circumstances, would draw from the statement, and then whether that meaning would be defamatory.

    Is this all correct?
    Also, is there any case law or statute that sets out that that is/ is not how things go down?

    I'm working with poor resources here, that's why there's a lot of uncertainty.

    Thanks
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    (Original post by TimmonaPortella)
    Doing an EPQ on libel reform - need to understand this so that my bit of the essay that deals with the current law is accurate.

    The way I understand it - and I'm not sure about this - is that innuendo must be specifically pleaded by the claimant, who must show that the special facts or circumstances not only existed but were known by those to whom the statement was published. Then, if these are proven, the jury must decide what meaning a reasonable person, knowing of those facts of circumstances, would draw from the statement, and then whether that meaning would be defamatory.

    Is this all correct?
    Also, is there any case law or statute that sets out that that is/ is not how things go down?

    I'm working with poor resources here, that's why there's a lot of uncertainty.

    Thanks
    I don't know if you still need this but it sounds like you're describing true/legal innuendo - where the defamatory nature of the statement is not apparent but depends on facts and or circumstances known to the publisher which give the statement a meaning they would not ordinarily have had.

    Caselaw:
    Cassidy v Daily Mirror Newspaper
    Tolley v Fry and Sons
 
 
 
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