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. 1. Reports of legislative proceedings

         2. 2. Legislature and government documents

         3. 3. Reports of court and inquiry proceedings

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

         5. 5. Court notices, advertisements etc.

         6. 6. Public registers and documents

         7. 7. International organisations and conferences

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

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

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

         2. 10. Documents released by courts, judges and court officers

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

         4. 12. Reports of press conferences on matters of public interest

         5. 13. Reports of public meetings on matters of public interest

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

         7. 15. Findings or decisions of certain associations

         8. 16. Reports of scientific and academic conferences and associated documents

         9. 17. Reports and summaries etc. by Scottish Ministers’ designees

      3. PART 3 Supplementary provision

         1. 18. Interpretation