Words can bear literal, inferential and evaluative meanings.

The literal and inferential are known as natural and ordinary meaning. Sixty years ago, in an appeal to the Privy Council of Australia, Lord Morris explained the phrase as follows:

“The ordinary and natural meaning of words may be either the literal meaning or it may be implied or inferred or an indirect meaning, that is, any meaning that does not require the support of extrinsic facts passing beyond general knowledge. It must be a meaning capable of being detected in the language used and can be part of the ordinary and natural meaning of words.

“The ordinary and natural meaning may therefore include any implication or inference which a reasonable reader guided by general knowledge and not fettered by any strict legal rules of construction would draw from the words.” (See Jones v Skelton [1963] 3 All ER 952, 958)

Lawyers term it ‘a false innuendo’. It is the meaning which the words would convey to an ordinary man, the reasonable man.

The mind of the reasonable man is unaffected by the knowledge of any special circumstances that would give the words a particular meaning different from their ordinary meaning. (See the judgment of the late Gopal Sri Ram JCA (as he then was) in MGG Pillai V Vincent Tan Chee Yioun & Other Appeals [1995] 2 MLJ 493)

Evaluative meaning is one which is not apparent on the face of words but which depends upon knowledge of facts or matters extrinsic to the words in question.

Such special meaning that can only be conveyed to the mind of one who has special knowledge of facts that are extrinsic to the words is known as the ‘true innuendo’ or ‘legal innuendo’. A ‘true’ or ‘legal’ innuendo only exists where the extended meaning arises from facts passing beyond general knowledge.

A party who asserts a legal innuendo to words said or published therefore must give particulars of the facts and manners upon which he relies in support of the evaluative meaning extrinsic to the words themselves or some special meaning of the words known to a particular class or group of persons.

The party must also identify the person or persons who knew those facts or matters at the time of publication.

Words matter, carrying innuendoes, both false and true. The same can be said of images and videos.

So, mind your words, images and videos. –  March 5, 2023.

Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.