Supreme Court Rules 2000

Subject to rules 263D to 263L, a defendant in proceedings for defamation must plead a defamation defence specifically.

If the plaintiff in defamation proceedings complains of 2 or more imputations, the pleading of any of the following defences must specify each imputation to which the defence is pleaded:a defence under section 15 of the Defamation Act 1957; a defence under section 25 or 26 of the Defamation Act 2005; a defence of justification at common law.

Unless the court or a judge orders otherwise, the particulars of a defamation defence required by rule 263A(1) must include particulars of the facts, matters and circumstances on which the defendant relies to establish – that any imputation, notice, report, comment or other material was, or related to, a matter of public interest; or that any imputation was published under qualified privilege; or that any imputation or contextual imputation was true or was a matter of substantial truth; or that any material being proper material for comment was a matter of substantial truth.

If a defendant in proceedings for defamation intends to make a case in mitigation of damages by reference to one or more of the following, the defendant must give particulars of the facts, matters and circumstances on which the defendant relies to make that case:the circumstances in which the publication complained of was made; the reputation of the plaintiff; any apology for, or explanation, correction or retraction of, any imputation complained of; any recovery proceedings, receipt or agreement to which section 38(1)(c), (d) or (e) of the Defamation Act 2005 applies.

If a defendant in proceedings for defamation intends to show, in mitigation of damages, that any imputation complained of was true or was a matter of substantial truth, the defendant must – give particulars identifying the imputation and stating that intention; and give particulars of the facts, matters and circumstances the defendant relies on to establish that the imputation was true or was a matter of substantial truth.