Defamation and Malicious Publication (Scotland) Act 2021 Explanatory Notes

The Act – an Overview

3.Part 1 of the Act amends the law of defamation and makes provision in relation to:

  • actionability of defamatory statements and restrictions on bringing proceedings,

  • defences,

  • absolute and qualified privilege,

  • offers to make amends,

  • jurisdiction, and

  • the removal of the presumption that defamation proceedings are to be tried by jury.

4.Part 2 makes provision to replace common law verbal injuries with three new statutory delicts relating to malicious publication.

5.Part 3 makes provision as to remedies and limitation of defamation actions and actions under Part 2 as well as miscellaneous provisions dealing with matters such as consequential modification, interpretation, regulations and commencement.

Back to top