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Moss v Channel Five Broadcasting Ltd
Comment
At root, the dispute between general versus specific meanings is simply a question of determining whether the Defendant's meaning is one that the words complained of are capable of bearing. Here, the Court ruled that, in their context, the words were capable of bearing the Defendant's general meaning that the Claimant was a "serious cocaine abuser". In order to determine the capacity of the words, the Court applies the test of perversity; i.e. whether it would be perverse for a jury to find such a meaning was borne by the words complained of (see Jameel v Wall Street Journal Europe). In defence of a capable meaning, a Defendant is entitled to rely on matters that occur after the date of publication (see Cohen –v- Daily Telegraph Ltd [1968] 1 WLR 916).