Supreme Court Rules 2000

A defence under section 29 of the Defamation Act 2005 is sufficiently pleaded if – it alleges that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or it alleges that – the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and the matter complained of was, or was contained in, a fair copy of, a fair summary of or a fair extract from the earlier published report; and the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.

Without limiting rule 263C, the particulars required by rule 263A(1) for a defence under section 29 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish – that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or that – the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and the matter complained of was, or was contained in, a fair copy of, a fair summary of or a fair extract from the earlier published report; and the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.