Kiefel CJ Bell J Keane J Nettle J Gordon J 10. benefits of those advantages. The exercise is, therefore, one of attempting to envisage a mean or midpoint of temperaments and abilities and on that basis to decide the most damaging meaning27 that ordinary reasonable people at the midpoint could put on the impugned words or images considering the publication as a whole28. 32 As the Court of Appeal of England and Wales observed in Berezovsky v Forbes Inc29, that exercise is one in generosity not parsimony. The question is not what the allegedly defamatory words or images in fact say or depict but what a jury could reasonably think they convey to the ordinary reasonable person30; and it is often a matter of first impression. The ordinary reasonable person is not a lawyer who examines the impugned publication over-zealously but someone who views the publication casually and is prone to a degree of loose thinking 31. He or she may be taken to "read between the lines in the light of his general knowledge and experience of worldly affairs"32, but such a person also draws implications much more freely than a lawyer, especially derogatory implications33, and takes into account emphasis given by conspicuous headlines 27 Cf John Fairfax Publications Pty Ltd v Rivkin (2003) 77 ALJR 1657 at 1661-1662 [26] per McHugh J; 201 ALR 77 at 83; [2003] HCA 50. 28 Lewis [1964] AC 234 at 259 per Lord Reid (Lord Jenkins agreeing at 262); Favell (2005) 79 ALJR 1716 at 1721 [17] per Gleeson CJ, McHugh, Gummow and Heydon JJ; 221 ALR 186 at 192. 29 [2001] EMLR 45 at 1040 [16]. 30 Favell (2005) 79 ALJR 1716 at 1721 [17] per Gleeson CJ, McHugh, Gummow and Heydon JJ; 221 ALR 186 at 192. 31 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 at 1245 per Lord Reid; [1971] 2 All ER 1156 at 1162-1163. 32 Lewis [1964] AC 234 at 258 per Lord Reid; Favell (2005) 79 ALJR 1716 at 1719-1720 [10] per Gleeson CJ, McHugh, Gummow and Heydon JJ; 221 ALR 186 at 190. 33 Lewis [1964] AC 234 at 277 per Lord Devlin; Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 at 573-574 [134] per Kirby J; [1998] HCA 37; Favell (2005) 79 ALJR 1716 at 1720 [11] per Gleeson CJ, McHugh, Gummow and Heydon JJ; 221 ALR 186 at 190.

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