MARCH 6 — Words can bear three meanings –
(1) literal meaning;
(2) inferential meaning or implication; and
(3) secondary meaning.
The first and second are known as the natural and ordinary meaning. Sixty years ago, in an appeal to the Privy Council from 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 but is a meaning capable of being detected in the language used 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 not by any special but only 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 Tan Sri Dato Vincent Tan Chee Yioun & Other Appeals [1995] 2 MLJ 493).
The third meaning is one which is not apparent on the face of the words but which depends upon knowledge of some special meaning of the words or upon knowledge of facts or matters extrinsic to the words in question.
Such special meaning that will be conveyed only 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 in this sense 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 secondary meaning whether they are facts or matters 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.
So, what’s in a word?
Words matter. They carry innuendoes, both false and true. The same can be said of images and videos.
So, mind your words, images and videos.
