http://www.legislation.gov.uk/asp/2025/12/section/22/enactedVictims, Witnesses, and Justice Reform (Scotland) Act 2025King's Printer for Scotland2025-11-11 Part 1 22 1 For the purposes of the law of defamation— a any statement made to the Commissioner has absolute privilege, b any statement in the Commissioner’s report on an investigation has absolute privilege, c any other statement made by the Commissioner has qualified privilege. 2 In this section— a a reference to a statement being made to or by the Commissioner— i includes a statement being made to or by (as the case may be) a member of the Commissioner’s staff or an agent of the Commissioner, ii does not include a statement made to or by (as the case may be) an individual when the individual is not acting in the individual’s capacity as the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner, b “statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.