263LDefence of innocent dissemination

### 263L Defence of innocent dissemination > [*\[Rule 263L of Part 7 Inserted by S.R. 2007, No. 23, Applied:02 May 2007\]*](/view/html/inforce/2007-05-02/sr-2007-023#GS7@EN) > > > (1)  A defence under [section 32 of the](/view/html/inforce/2026-04-12/act-2005-073#GS32@EN) [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) 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](#GS263C@EN) , the particulars required by [rule 263A(1)](#GS263A@Gs1@EN) for a defence under [section 32 of the](/view/html/inforce/2026-04-12/act-2005-073#GS32@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 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.