Defamation and Malicious Publication (Scotland) Act 2021

1. Introductory Text

2. PART 1 Defamation

   1. Actionability and restrictions on bringing proceedings

      1. 1. Actionability of defamatory statements

      2. 2. Prohibition on public authorities bringing proceedings

      3. 3. Restriction on proceedings against secondary publishers

      4. 4. Power to specify persons to be treated as publishers

   2. Defences

      1. 5. Defence of truth

      2. 6. Defence of publication on a matter of public interest

      3. 7. Defence of honest opinion

      4. 8. Abolition of common law defences and transitional provision

   3. Absolute privilege

      1. 9. Contemporaneous reports of court proceedings

   4. Qualified privilege

      1. 10. Peer-reviewed statement in scientific or academic journal etc.

      2. 11. Other statements protected by qualified privilege

      3. 12. Privilege: transitional provision

   5. Offers to make amends

      1. 13. Offer to make amends

      2. 14. Acceptance and enforcement of offer to make amends

      3. 15. Offer to make amends: multiple persons responsible for statement

      4. 16. Rejection of unqualified offer to make amends

      5. 17. Rejection of qualified offer to make amends

      6. 18. Offers to make amends: transitional provision

   6. Jurisdiction

      1. 19. Actions against a person not domiciled in the UK

   7. Removal of presumption that proceedings are to be tried by jury

      1. 20. Removal of presumption that proceedings are to be tried by jury

3. PART 2 Malicious publication

   1. Actionable types of malicious publication

      1. 21. Statements causing harm to business interests

      2. 22. Statements causing doubt as to title to property

      3. 23. Statements criticising assets

   2. General provision

      1. 24. Limit on requirement to show financial loss

      2. 25. Statements conveying two or more meanings

      3. 26. Damages for anxiety and distress

   3. Abolition of common law verbal injuries

      1. 27. Abolition of common law verbal injuries

4. PART 3 General

   1. Remedies

      1. 28. Power of court to order a summary of its judgment to be published

      2. 29. Making a statement in open court

      3. 30. Power of court to order display of notice of proceedings, removal of a statement etc.

      4. 31. Remedies: transitional provision

   2. Limitation

      1. 32. Limitation of actions

      2. 33. Interruption of limitation period: mediation

      3. 34. Interruption of limitation period: media complaints and expert determination

   3. Miscellaneous

      1. 35. Consequential modifications

      2. 36. Interpretation

      3. 37. Regulations

      4. 38. Ancillary provision

      5. 39. Commencement

      6. 40. Short title

5. 1. SCHEDULE

      Statements having qualified privilege

      1. PART 1 Statements having qualified privilege without being subject to explanation or contradiction

         1. Reports of legislative proceedings

            1. 1. A fair and accurate report of proceedings in public of...

         2. Legislature and government documents

            1. 2. A fair and accurate copy of or extract from matter...

         3. Reports of court and inquiry proceedings

            1. 3. A fair and accurate report of proceedings in public before...

            2. 4. A fair and accurate report of proceedings in public of...

         4. Court notices, advertisements etc.

            1. 5. A notice or advertisement published by or on the authority...

         5. Public registers and documents

            1. 6. A fair and accurate copy of or extract from any...

         6. International organisations and conferences

            1. 7. A fair and accurate report of proceedings in public anywhere...

            2. 8. A fair and accurate copy of or extract from matter...

      2. PART 2 Statements having qualified privilege subject to explanation or contradiction

         1. Notices etc. issued by legislatures, governments, certain authorities, international organisations etc.

            1. 9. (1) A fair and accurate copy of, extract from or...

         2. Documents released by courts, judges and court officers

            1. 10. A fair and accurate copy of, extract from or summary...

         3. Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc.

            1. 11. (1) A fair and accurate report of proceedings at any...

         4. Reports of press conferences on matters of public interest

            1. 12. A fair and accurate report of proceedings at a press...

         5. Reports of public meetings on matters of public interest

            1. 13. (1) A fair and accurate report of proceedings at any...

         6. Listed companies: reports of meetings and certain other documents

            1. 14. (1) A fair and accurate report of proceedings at a...

         7. Findings or decisions of certain associations

            1. 15. (1) A fair and accurate report of any finding or...

         8. Reports of scientific and academic conferences and associated documents

            1. 16. A fair and accurate— (a) report of proceedings of a...

         9. Reports and summaries etc. by Scottish Ministers' designees

            1. 17. (1) A fair and accurate report or summary of, copy...

      3. PART 3 Supplementary provision

         1. Interpretation

            1. 18. In this schedule— “court” includes— any tribunal or body established...