Facts
- Mr. Cassidy, who was married, brought a defamation claim against the Daily Mirror newspaper.
- The Daily Mirror published a photograph of Mr. Cassidy with a woman, Miss X, captioned to state they were engaged.
- To the general public, the statement appeared harmless.
- For individuals who knew Mr. Cassidy was married, the publication implied he was engaging in an extramarital affair.
- The defamatory meaning did not arise from the statement itself but from the extrinsic fact of Cassidy’s marital status known to certain readers.
- The claim focused on whether the newspaper could be liable for defamation where the alleged defamatory meaning arose from external facts not stated in the publication.
Issues
- Whether a publisher can be held liable for defamation when the defamatory meaning derives from extrinsic facts known only to some readers (true innuendo).
- Whether the harm to reputation in such cases can be considered reasonably foreseeable by the defendant.
- Whether the test for defamation should be based solely on the literal meaning of the publication or also account for context and audience knowledge.
Decision
- The court found that the newspaper’s publication was defamatory due to its implication, when combined with the extrinsic fact of Mr. Cassidy’s marriage.
- It held that a publisher is liable for defamation if a statement, together with external knowledge, reasonably leads some readers to believe the plaintiff’s reputation is harmed.
- The court determined that the test for defamation includes consideration of how right-thinking members of society with relevant knowledge would interpret the publication.
Legal Principles
- True innuendo arises where a statement, though not defamatory on its face, acquires a defamatory meaning due to extrinsic facts known to a specific audience.
- The objective test for defamation considers whether the statement, in its full context, would lower the plaintiff’s reputation in the eyes of reasonable people.
- Publishers are liable for the foreseeable consequences of statements, including implications created by facts known to a portion of the audience.
- The distinction is drawn between true innuendo (requiring extrinsic facts) and false innuendo (defamatory meaning contained within the words alone).
Conclusion
Cassidy v Daily Mirror Newspapers Ltd confirmed that liability for defamation extends to statements which become defamatory through external facts known to some readers, establishing true innuendo as a doctrinal basis for publisher responsibility in English defamation law.