- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Defamation and Malicious Publication (Scotland) Act 2021, Cross Heading: Remedies.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A court may, in finding for the pursuer in defamation proceedings or proceedings under Part 2, order the defender to publish a summary of the judgment.
(2)It is for the parties to agree—
(a)the wording of the summary, and
(b)the time, manner, form and place of its publication.
(3)But if the parties cannot agree—
(a)the wording of the summary, the court must determine it,
(b)a matter in subsection (2) (b), the court may give such directions as it considers appropriate.
Commencement Information
I1S. 28 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2
(1)In defamation proceedings or proceedings under Part 2, where the parties have reached an agreement in settlement of the proceedings, the court may allow a statement to be made in open court.
(2)The wording of the statement—
(a)may be agreed between the parties, or
(b)in the absence of agreement, may be determined by the pursuer.
(3)The statement may not be made unless the court has approved its wording.
Commencement Information
I2S. 29 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2
(1)In defamation proceedings or proceedings under Part 2, a court may order—
(a)the operator of a website on which the statement complained of is posted—
(i)to include on the website a prominent notice that the statement is subject to the proceedings, or
(ii)to remove the statement, or
(b)any person who was not the author, editor or publisher of the statement to stop distributing, selling or exhibiting material containing the statement.
(2)For the purpose of subsection (1)(a), a notice is prominent if it is in a place or form that ensures that a person accessing the statement is made aware of the notice every time that the person accesses the statement.
(3)This section does not limit the other powers available to the court in respect of the statement or any person who is publishing it.
(4)In this section, “author”, “editor”, and “publisher” are to be construed in accordance with section 3.
Commencement Information
I3S. 30 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2
Nothing in sections 28 to 30 has effect in relation to defamation proceedings begun before the commencement of the section in question.
Commencement Information
I4S. 31 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: