Supreme Court Rules 2000

Subject to rule 263C(2), a defence under section 26 of the Defamation Act 2005 is sufficiently pleaded if it – specifies one or more imputations on which the defendant relies as being contextual to the defamatory imputation in question; and alleges that each contextual imputation on which the defendant relies was substantially true; and alleges that the defamatory imputation in question did not further harm the reputation of the plaintiff because of the contextual imputations on which the defendant relies.

Without limiting rule 263C, the particulars required by rule 263A(1) for a defence of contextual truth under section 26 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the contextual imputations on which the defendant relies are substantially true.