Defamation and Malicious Publication (Scotland) Act 2021 Explanatory Notes

1. Introduction

2. The Act – an Overview

3. Commentary on Sections

   1. Part 1: Defamation

      1. Actionability and restrictions on bringing proceedings

         1. Section 1: Actionability of defamatory statements

         2. Section 2: Prohibition on public authorities bringing proceedings

         3. Section 3: Restriction on proceedings against secondary publishers

         4. Section 4: Power to specify persons to be treated as publishers

      2. Defences

         1. Section 5: Defence of truth

         2. Section 6: Defence of publication on a matter of public interest

         3. Section 7: Defence of honest opinion

         4. Section 8: Abolition of common law defences and transitional provision

      3. Absolute and qualified privilege

      4. Absolute privilege

         1. Section 9: Contemporaneous reports of court proceedings

      5. Qualified privilege

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

         2. Section 11: Other statements protected by qualified privilege

         3. Section 12: Privilege: transitional provision

      6. Offers to make amends

         1. Section 13: Offers to make amends

         2. Section 14: Acceptance and enforcement of offer to make amends

         3. Section 15: Offer to make amends: multiple persons responsible for statement

         4. Section 16: Rejection of unqualified offer to make amends

         5. Section 17: Rejection of qualified offer to make amends

         6. Section 18: Offers to make amends: transitional provision

      7. Jurisdiction

         1. Section 19: Actions against a person not domiciled in the UK

      8. Removal of presumption that proceedings are to be tried by jury

         1. Section 20: Removal of presumption that proceedings are to be tried by jury

   2. Part 2: Malicious publication

      1. Actionable types of malicious publication

         1. Sections 21 to 23: three forms of malicious publication

      2. General provision

         1. Section 24: Limit on requirement to show financial loss

         2. Section 25: Statements conveying two or more meanings

         3. Section 26: Damages for anxiety and distress

      3. Abolition of common law verbal injuries

         1. Section 27: Abolition of common law verbal injuries

   3. Part 3: General

      1. Remedies

         1. Section 28: Power of court to order a summary of its judgment to be published

         2. Section 29: Making a statement in open court

         3. Section 30: Power of court to order display of notice or removal of statement etc.

         4. Section 31: Remedies: transitional provision

      2. Limitation

         1. Section 32: Limitation of actions

         2. Section 33: Interruption of limitation period: mediation

         3. Section 34: Interruption of limitation period: media complaints and expert determination

      3. Miscellaneous

         1. Section 35: Consequential modifications

         2. Section 36: Interpretation

         3. Section 37: Regulations

         4. Section 38: Ancillary provision

         5. Section 39: Commencement

         6. Section 40: Short title

4. Parliamentary History