263KDefence of fair comment

### 263K Defence of fair comment > [*\[Rule 263K of Part 7 Inserted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS7@EN) > > > (1)  A defence 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](#GS263C@EN) , the particulars required by [rule 263A(1)](#GS263A@Gs1@EN) for a defence of fair comment at common law, or a defence under [section 14 of the](/view/html/inforce/2026-04-12/act-1957-042#GS14@EN) [Defamation Act 1957](/view/html/inforce/2026-04-12/act-1957-042) , 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.