Supreme Court Rules 2000

A defence of fair comment at common law is sufficiently pleaded if it alleges that the matter complained of was a comment that – was based on – true fact; or material that was published under privilege; and related to a matter of public interest; and was made honestly by the defendant.

Without limiting rule 263C, the particulars required by rule 263A(1) for a defence of fair comment at common law, or a defence under section 14 of the Defamation Act 1957, must include – particulars identifying the material on which it is alleged that the matter alleged to be a comment was a comment and identifying to what extent that material is alleged to be based on true fact or material that was published under privilege; and particulars of the facts, matters and circumstances on which the defendant relies to establish that – the material alleged to be true fact was true fact; or the material alleged to be published under privilege was published under privilege.