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SUPREME COURT RULES 2000 - REG 263K Defence of fair comment

SUPREME COURT RULES 2000 - REG 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.