- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: