Miscellaneous provisions
I1I218Protection from actions of defamation
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,
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 or a member of the Commissioner’s staff,
b
“statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.