Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Law Society news
  4. Balance between freedom of expression and protection of reputation crucial to reform of defamation laws

Balance between freedom of expression and protection of reputation crucial to reform of defamation laws

16th April 2019 | Research and policy

Striking the right balance between freedom of expression and protection of reputation is key to modernising Scots law on defamation, according to the Law Society of Scotland.

In its response to a Scottish Government consultation, the Law Society has questioned proposals to introduce a statutory threshold test of serious harm in relation to financial loss. The Scottish Government is exploring aspects of the Scottish Law Commission’s recommendations in their report on defamation and accompanying draft Bill, to ensure that any reform to defamation law is fully tested.

John Paul Sheridan, Convener of the Law Society of Scotland’s Obligations Law Sub-Committee, said: “Evidence of vexatious litigation should be provided if a ‘serious harm’ test is to be introduced as we are not aware that there is currently a problem in Scotland. There is a balance to be found between the right of freedom of expression, as found in Article 10 of the European Convention on Human Rights, and the right of protection of individual reputation.

“From an access to justice perspective, we are concerned that introducing a statutory threshold could deter legitimate claims. There may also be practical challenges around preliminary hearings to assess whether significant harm has occurred.”

The Law Society has also urged caution on imitating developments in other countries such as Australia, which has limited the rights of profit-making bodies in defamation actions.

John Paul Sheridan added: “We know that many profit-making businesses are small to medium sized enterprises and that defamatory statements could generate significant economic harm and reputational damage. However, in the case of non-financial loss we recognise that introducing a serious harm threshold could help protect freedom of expression and mitigate against the potential chilling effect which might result from a well-resourced legal person threatening legal action.”

The Law Society also highlighted the perceived lack of clarity around the definition of public authority, some aspects of the drafting relating to the liability of secondary publishers, and concerns regarding the scope of delegated powers under the draft Bill which could lead to insufficient parliamentary scrutiny of key policy decisions.

Our full response to the consultation is available to read here.

Contract and Delict law

Our responses to consultations in the area of contract and delict law.

Read more about Contract and Delict law
Add To Favorites

Additional

Categories

  • New lawyers
  • Law Society news
  • Regulation
  • Research and policy
  • Legal aid
  • Professional support
  • Wellbeing
  • Business support
  • Equality and diversity
  • International
  • In-house lawyers
  • Schools
  • For the public
  • Videos
  • Fraud alerts
  • Career growth
  • Member benefits
  • Law and technology
  • Professional skills courses
  • Aberdeen
  • Edinburgh
  • Glasgow
  • Perth
  • Inverness
  • Commercial skills for young professionals
  • Roadshow
  • CPD event
  • Working in-house
  • Public Policy Committee
  • Roadshows
  • careers
  • property (non-commercial)
  • licensing
  • Journal online news
  • Sustainability
  • Policy committees

News Archive

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013

Related articles

  • Law Society reminds MSPs of duty to judicial independence
  • New research to support future needs of smaller firms
  • Rule of law must underpin UK legislative agenda
  • AML regulations need greater clarity for legal sector
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited