Defamation and Malicious Publication (Scotland) Act 2021 (asp 10) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Defamation
Actionability and restrictions on bringing proceedings
1.Actionability of defamatory statements
2.Prohibition on public authorities bringing proceedings
3.Restriction on proceedings against secondary publishers
4.Power to specify persons to be treated as publishers
Defences
5.Defence of truth
6.Defence of publication on a matter of public interest
7.Defence of honest opinion
8.Abolition of common law defences and transitional provision
Absolute privilege
9.Contemporaneous reports of court proceedings
Qualified privilege
10.Peer-reviewed statement in scientific or academic journal etc.
11.Other statements protected by qualified privilege
12.Privilege: transitional provision
Offers to make amends
13.Offer to make amends
14.Acceptance and enforcement of offer to make amends
15.Offer to make amends: multiple persons responsible for statement
16.Rejection of unqualified offer to make amends
17.Rejection of qualified offer to make amends
18.Offers to make amends: transitional provision
Jurisdiction
19.Actions against a person not domiciled in the UK
Removal of presumption that proceedings are to be tried by jury
20.Removal of presumption that proceedings are to be tried by jury
PART 2 Malicious publication
Actionable types of malicious publication
21.Statements causing harm to business interests
22.Statements causing doubt as to title to property
23.Statements criticising assets
General provision
24.Limit on requirement to show financial loss
25.Statements conveying two or more meanings
26.Damages for anxiety and distress
Abolition of common law verbal injuries
27.Abolition of common law verbal injuries
PART 3 General
Remedies
28.Power of court to order a summary of its judgment to be published
29.Making a statement in open court
30.Power of court to order display of notice of proceedings, removal of a statement etc.
31.Remedies: transitional provision
Limitation
32.Limitation of actions
33.Interruption of limitation period: mediation
34.Interruption of limitation period: media complaints and expert determination
Miscellaneous
35.Consequential modifications
36.Interpretation
37.Regulations
38.Ancillary provision
39.Commencement
40.Short title
SCHEDULE
Statements having qualified privilege
PART 1 Statements having qualified privilege without being subject to explanation or contradiction
1.Reports of legislative proceedings
2.Legislature and government documents
3.Reports of court and inquiry proceedings
4.A fair and accurate report of proceedings in public of...
5.Court notices, advertisements etc.
6.Public registers and documents
7.International organisations and conferences
8.A fair and accurate copy of or extract from matter...
PART 2 Statements having qualified privilege subject to explanation or contradiction
9.Notices etc. issued by legislatures, governments, certain authorities, international organisations etc.
10.Documents released by courts, judges and court officers
11.Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc.
12.Reports of press conferences on matters of public interest
13.Reports of public meetings on matters of public interest
14.Listed companies: reports of meetings and certain other documents
15.Findings or decisions of certain associations
16.Reports of scientific and academic conferences and associated documents
17.Reports and summaries etc. by Scottish Ministers’ designees
PART 3 Supplementary provision
18.Interpretation