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Defamation and Malicious Publication (Scotland) Act 2021

Section 35: Consequential modifications

156.Section 35 makes amendments to other enactments in consequence of provisions made in the Act.

157.Subsection (1) provides for the repeal of a number of provisions of the 1952 Act, to reflect the placing on a statutory footing of the common law defences of veritas and fair comment, along with such equivalents of verbal injury as are to be provided for.

158.Subsection (2) makes consequential amendments to section 8 of the Rehabilitation of Offenders Act 1974. This reflects the new statutory defences of truth and honest opinion. Section 8 of the 1974 Act applies to actions for defamation brought by rehabilitated persons based on statements made about offences which are the subject of a spent conviction.

159.Subsections (3) and (4) provide for repeal of the provisions relating to privilege which are re-enacted by sections 9 to 11 and the schedule of the Act, together with other minor consequential repeals.

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