263LDefence of innocent dissemination

263L Defence of innocent dissemination

[Rule 263L of Part 7 Inserted by S.R. 2007, No. 23, Applied:02 May 2007]

(1)  A defence under section 32 of the Defamation Act 2005 is sufficiently pleaded if it alleges that –

(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor; and

(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory; and

(c) the defendant's lack of knowledge was not due to any negligence on the part of the defendant.

(2)  Without limiting rule 263C , the particulars required by rule 263A(1) for a defence under section 32 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that –

(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor; and

(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory; and

(c) the defendant's lack of knowledge was not due to any negligence on the part of the defendant.