Abstract:

Allusions and other cultural references are problematic in defamation actions. This paper presents an account of linguistic evidence concerning a contested expression, 'economical with the truth', whose origins as a quotation , coupled with more recent general currency, present an important interpretative challenge. Distinction between idiomatic use and more specialized allusion can be crucial in that qualification is allowed to the 'ordinary reader' test of defamation only in cases of so-called 'innuendo' meanings (or meanings available only to a sub-set readership with relevant, specialized knowledge). Discussion of semantic and pragmatic evidence suggests that the linguist can valuably narrow the scope of plausible interpretation. Such evidence also contributes to the understanding of both 'ordinary reader' and 'innuendo' tests of meaning. In a generalization from the case outlined, comment is offered on established methods for attributing meanings (and responsibility for meaning) in English libel law, and emergent tendencies in the related fields of forensic linguistics and critical legal studies are delineated.

Author: Alan Durant