Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 263L

Defence of innocent dissemination
(1)  A defence under section 32 of the Defamation Act 2005 is sufficiently pleaded if it alleges that –
(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor; and
(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory; and
(c) the defendant's lack of knowledge was not due to any negligence on the part of the defendant.
(2)  Without limiting rule 263C , the particulars required by rule 263A(1) for a defence under section 32 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that –
(a) the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor; and
(b) the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory; and
(c) the defendant's lack of knowledge was not due to any negligence on the part of the defendant.



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