AustLII Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 263K

263K. Defence of fair comment

(1) A defence of fair comment at common law is sufficiently pleaded if it alleges that the matter complained of was a comment that –

(a) was based on –

(i) true fact; or

(ii) material that was published under privilege; and

(b) related to a matter of public interest; and

(c) was made honestly by the defendant.

(2) Without limiting rule 263C, the particulars required by rule 263A(1) for a defence of fair comment at common law, or a defence under section 14 of the Defamation Act 1957, must include –

(a) particulars identifying the material on which it is alleged that the matter alleged to be a comment was a comment and identifying to what extent that material is alleged to be based on true fact or material that was published under privilege; and

(b) particulars of the facts, matters and circumstances on which the defendant relies to establish that –

(i) the material alleged to be true fact was true fact; or

(ii) the material alleged to be published under privilege was published under privilege.



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