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]

(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.