PART 1Defamation
Actionability and restrictions on bringing proceedings
I14Power to specify persons to be treated as publishers
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.