Supreme Court Rules 2000

A defence under section 9(2) of the Defamation Act 1957 or section 33 of the Defamation Act 2005 is sufficiently pleaded if it alleges that the circumstances of publication of the matter complained of were such that the plaintiff was unlikely to sustain any harm.

Without limiting rule 263C, the particulars required by rule 263A(1) for a defence under section 9(2) of the Defamation Act 1957 or section 33 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the circumstances of publication of the matter complained of were such that the plaintiff was unlikely to sustain any harm.