Defamation in Scots law

Closed 5 Apr 2019

Opened 14 Jan 2019

Contact

0131 244 4497

defamation.consultation@gov.scot

Feedback updated 23 May 2022

We asked

In December 2017 the Scottish Law Commission (“the Commission”) published their Report on Defamation which aimed to reform Scots law on defamation.  We sought views on some recommendations made by the Commission in their Report and on some issues that were not raised as a part of the Commission’s reform project.

You said

We received a total of 50 responses to the consultation.  Responses were received from 27 individuals and 23 organisations. An analysis of these responses can be found here and in the Policy Memorandum to the Defamation and Malicious Publication (Scotland) Bill which can be found here.

We did

These responses have been fully considered and on 02 December 2019, we introduced the Defamation and Malicious Publication (Scotland ) Bill into Parliament to effect the resulting changes.

The Bill and accompanying documents can be found here, as can the amendments made to the Bill as it passed through the Scottish Parliament. Amendments to the Bill were made at Stages 2 and 3, including to section 2 on the prohibition on public authorities bringing proceedings; sections 23 to 25 on malicious publication; on the interruption of the limitation period; and section 38 on the powers of court in relation to a statement. The Defamation and Malicious Publication (Scotland) Act 2021 can be found here.

Results updated 23 May 2022

Below is the file which sets out our analysis of the responses received to this consultation.

Files:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

In December 2017 the Scottish Law Commission (“the Commission”) published their Report on Defamation which aimed to reform Scots law on defamation. This consultation seeks views on some recommendations made by the Commission in the following areas:

  • The statutory threshold test of serious harm;
  • Proceedings against secondary publishers;
  • The defence of honest opinion;
  • Offers to make amends;
  • Malicious publications; and,
  • Limitation and the multiple publication rule. 

This consultation also seeks views on issues that were not raised as a part of the Commission’s reform project including

  • Defining defamation; and
  • Making unjustified legal threats an actionable delict.

Why your views matter

Consultation is an essential part of the policy making process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

We want our law of defamation to be fit for 21st century Scotland, with a clear and accessible framework that balances freedom of expression and protection of individual reputation.

This consultation provides an opportunity to further explore aspects of the Commission’s recommendations and to seek views on issues that have not been the subject of scrutiny so as to ensure that any reform to defamation law is fully tested.

Read the consultation paper.

Interests

  • Arts, Culture and Sport
  • Law and Order