Section 263H - Supreme Court Rules 2000 - Defence of fair report of proceedings of public concern

263HDefence of fair report of proceedings of public concern

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### 263H Defence of fair report of proceedings of public concern > [*\[Rule 263H of Part 7 Inserted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS7@EN) > > > (1) A defence under [section 29 of the](/view/html/inforce/2026-04-12/act-2005-073#GS29@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) is sufficiently pleaded if – > > > > > > (a) it alleges that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or > > > > > > > (b) it alleges that – > > > > > > > > > > (i) the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and > > > > > > > > > > > (ii) the matter complained of was, or was contained in, a fair copy of, a fair summary of or a fair extract from the earlier published report; and > > > > > > > > > > > (iii) the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair. > > > (2) Without limiting [rule 263C](#GS263C@EN) , the particulars required by [rule 263A(1)](#GS263A@Gs1@EN) for a defence under [section 29 of the](/view/html/inforce/2026-04-12/act-2005-073#GS29@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) must include particulars of the facts, matters and circumstances on which the defendant relies to establish – > > > > > > (a) that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or > > > > > > > (b) that – > > > > > > > > > > (i) the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and > > > > > > > > > > > (ii) the matter complained of was, or was contained in, a fair copy of, a fair summary of or a fair extract from the earlier published report; and > > > > > > > > > > > (iii) the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.