UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.26
Particulars in relation to defences of fair report of proceedings of public concern
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.26
Particulars in relation to defences of fair report of proceedings of public concern
15.26 Particulars in relation to defences of fair report of proceedings of
public concern
(1) Defences under section 24 of Defamation Act 1974 Without
limiting rule 15.21, the particulars required by rule 15.1 for a defence under
section 24 of the Defamation Act 1974 must include particulars of the facts,
matters and circumstances on which the defendant relies to establish that--
(a) the matter complained of was a fair protected report, or
(b) the matter
complained of was a later publication by the defendant of--
(i) a protected
report or a copy of the protected report, or a fair extract or fair abstract
from, or fair summary of, a protected report that was previously published by
another person, or
(ii) material purporting to be a protected report or a
copy of the protected report, or of a fair extract or fair abstract from, or
fair summary of, material purporting to be a protected report that was
previously published by another person,
and the defendant did not have
knowledge that should have made the defendant aware that the protected report
is not fair or the material purporting to be a protected report was not a
protected report or is not fair.
(2) Defences under section 29 of
Defamation Act 2005 Without limiting rule 15.21, the particulars required by
rule 15.1 for a defence under section 29 of the Defamation Act 2005 must
include particulars of the facts, matters and circumstances on which the
defendant relies to establish that--
(a) the matter complained of was, or was
contained in, a fair report of any proceedings of public concern, or
(b) the
matter complained of--
(i) was, or was contained in, an earlier published
report of proceedings of public concern, and
(ii) was, or was contained in, a
fair copy of, a fair summary of, or a fair extract from, the earlier published
report,
and the defendant had no knowledge that would reasonably make the
defendant aware that the earlier published report was not fair.
