Victorian Current Acts

DEFAMATION ACT 2005 - SECT 25

It is a defence to the publication of defamatory matter if the defendant proves that the defamatory imputations carried by the matter of which the plaintiff complains are substantially true.

S. 26 substituted by No. 35/2020 s. 30.

        26         Defence of contextual truth

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

        (a)     the matter carried one 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.