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CIVIL LAW (WRONGS) ACT 2002 - SECT 136 Defence of contextual truth

CIVIL LAW (WRONGS) ACT 2002 - SECT 136

Defence of contextual truth

    (1)     It is a defence to the publication of defamatory matter if the defendant proves that—

        (a)     the matter carried 1 or more imputations that are substantially true ( contextual imputations ); and

        (b)     any defamatory imputations of which the plaintiff complains that are not contextual imputations and are also carried by the matter do not further harm the reputation of the plaintiff because of the substantial truth of the contextual imputations.

    (2)     The contextual imputations on which the defendant may rely to establish the defence include imputations of which the plaintiff complains.