Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 263H

Defence of fair report of proceedings of public concern
(1)  A defence under section 29 of the Defamation Act 2005 is sufficiently pleaded if –
(a) it alleges that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or
(b) it alleges that –
(i) the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and
(ii) 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
(iii) the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.
(2)  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 –
(a) that the matter complained of was, or was contained in, a fair report of any proceedings of public concern; or
(b) that –
(i) the matter complained of was, or was contained in, an earlier published report of proceedings of public concern; and
(ii) 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
(iii) the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.



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