Defamation and Malicious Publication (Scotland) Act 2021

PART 1Defamation

Actionability and restrictions on bringing proceedings

1Actionability of defamatory statements

2Prohibition on public authorities bringing proceedings

3Restriction on proceedings against secondary publishers

4Power to specify persons to be treated as publishers

5Defence of truth

6Defence of publication on a matter of public interest

7Defence of honest opinion

8Abolition of common law defences and transitional provision

Absolute privilege

9Contemporaneous reports of court proceedings

Qualified privilege

10Peer-reviewed statement in scientific or academic journal etc.

11Other statements protected by qualified privilege

12Privilege: transitional provision

Offers to make amends

13Offer to make amends

14Acceptance and enforcement of offer to make amends

15Offer to make amends: multiple persons responsible for statement

16Rejection of unqualified offer to make amends

17Rejection of qualified offer to make amends

18Offers to make amends: transitional provision

19Actions against a person not domiciled in the UK

Removal of presumption that proceedings are to be tried by jury

20Removal of presumption that proceedings are to be tried by jury

PART 2Malicious publication

Actionable types of malicious publication

21Statements causing harm to business interests

22Statements causing doubt as to title to property

23Statements criticising assets

General provision

24Limit on requirement to show financial loss

25Statements conveying two or more meanings

26Damages for anxiety and distress

Abolition of common law verbal injuries

27Abolition of common law verbal injuries

28Power of court to order a summary of its judgment to be published

29Making a statement in open court

30Power of court to order display of notice of proceedings, removal of a statement etc.

31Remedies: transitional provision

32Limitation of actions

33Interruption of limitation period: mediation

34Interruption of limitation period: media complaints and expert determination

35Consequential modifications

36Interpretation

38Ancillary provision

SCHEDULEStatements having qualified privilege

PART 1Statements having qualified privilege without being subject to explanation or contradiction

1Reports of legislative proceedings

2Legislature and government documents

3Reports of court and inquiry proceedings

4A fair and accurate report of proceedings in public of...

5Court notices, advertisements etc.

6Public registers and documents

7International organisations and conferences

8A fair and accurate copy of or extract from matter...

PART 2Statements having qualified privilege subject to explanation or contradiction

9Notices etc. issued by legislatures, governments, certain authorities, international organisations etc.

10Documents released by courts, judges and court officers

11Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc.

12Reports of press conferences on matters of public interest

13Reports of public meetings on matters of public interest

14Listed companies: reports of meetings and certain other documents

15Findings or decisions of certain associations

16Reports of scientific and academic conferences and associated documents

17Reports and summaries etc. by Scottish Ministers’ designees

PART 3Supplementary provision

18Interpretation

Royal arms

Defamation and Malicious Publication (Scotland) Act 2021

2021 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2nd March 2021 and received Royal Assent on 21st April 2021

An Act of the Scottish Parliament to amend the law of defamation; replace the common law delicts of verbal injury with delicts of malicious publication; and for connected purposes.