263HDefence of fair report of proceedings of public concern

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]

(1)  A defence under section 29 of the Defamation Act 2005 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 , the particulars required by rule 263A(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 –

(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.