Words in a defamation imputation that make the accusation more specific (such as 'attending a Sydney kindergarten' specifying very young victims) are not surplusage but contribute to the sting of the defamation and should not be struck out. A contextual imputation of being a 'child molester' (general characteristic) differs in substance from an imputation of participation in specific sexual assaults at a specific kindergarten. However, a contextual imputation of gross irresponsibility (permitting a known child molester access to children) may not be capable of arising from a publication that imputes deliberate criminal participation in sexual assaults, and even if it does arise, may not be capable of outweighing imputations of deliberate criminal conduct under s 16(2)(c).
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