Defamation

Commissioner

Lord Pentland, Chairman

Team Member

Graham McGlashan, Project Manager

 

Latest news

We have published a Report on Defamation to which is appended a draft Bill which would give effect to our recommendations.  A business and regulatory impact assessment and news release are also available.  Here is a link to a Youtube video of our Chairman talking about the Report.

Background to Report and published project papers

We developed and decided on policy for the Report in light of responses to the Discussion Paper on Defamation.  Please see also the collated responses.  We recently consulted on a working draft of a Defamation and Malicious Publications (Scotland) Bill based on our policy intentions (consultation closed 31 August 2017).  The papers relating to that consultation are the following:

Covering note

Consultation draft - Bill

Consultation draft - Explanatory Notes.

The responses to that consultation can be found here.

Coverage of the Discussion Paper

http://www.heraldscotland.com/opinion/14348791.Lord_Pentland__the_options_for_reforming_Scotland_s_defamation_laws/

http://www.heraldscotland.com/news/crime_courts/14351226.Law_watchdog_asks_if_rights_of_firms_to_sue_critics_should_be_restricted/

https://inforrm.wordpress.com/2016/03/18/news-scottish-law-commission-published-defamation-law-consultation/

Timing

The reform of defamation law is Item No 5 of the Commission's Ninth Programme of Law Reform.  It is a medium-term project scheduled to be completed by the end of 2017.

Contact

For further information or if there are matters you wish to raise with us, please contact Graham McGlashan

(graham.mcglashan@scotlawcom.gsi.gov.uk).