(1)The Scottish Ministers may by regulations specify categories of persons who are to be treated as publishers of a statement for the purpose of defamation proceedings despite not being—
(a)the author, editor or publisher of the statement as defined in section 3, or
(b)an employee or agent of such a person.
(2)Regulations under subsection (1) may also provide for a defence to defamation proceedings for a person who—
(a)is treated as a publisher under such regulations,
(b)did not know and could not reasonably be expected to have known that the material which the person disseminated contained a defamatory statement, and
(c)satisfies any further conditions specified by the regulations.
(3)Regulations under subsection (1) are subject to the affirmative procedure.
(4)Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.