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

    • 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. Legal news
  4. Defamation reform bill introduced to Holyrood

Defamation reform bill introduced to Holyrood

3rd December 2019

Scots defamation law would be reformed in line with recommendations of the Scottish Law Commission, if a bill just introduced to the Scottish Parliament becomes law.

The Defamation and Malicious Publication Bill would simplify and modernise defamation law, set out the first definition in Scots law of what constitutes a defamatory statement, and attempt to strike a balance between protecting someone’s reputation and freedom of expression.

The bill would recognise a defence of publication on a matter of public interest, and provide that action can only be brought if the published statement caused (or would be likely to cause) serious harm to the reputation of the person making a complaint. Common law defences such as truth, or fair comment, would be replaced in statutory form.

A scheme is set out for offers to make amends, which if accepted would bar separate court proceedings.

Malicious statements causing harm to business interests, or casting doubt as to title to property, or criticising the quality of another's assets to their financial loss, would become actionable; but the common law of verbal injury would be abolished. There is provision for a statement to be read in open court as part of a settlement of proceedings.

The bill also seeks to prevent defamation actions being brought against “secondary publishers” – those other than the authors, editors or commercial publishers of material containing defamatory statements – with certain exceptions, for example where the harm caused by publication is materially increased because it has been republished to a much larger audience.

Community Safety Minister Ash Denham commented: "The existing laws covering defamation are spread across several statutes and areas of common law, some of which were decided more than 100 years ago.

"The widespread use of social media today means there is the increased potential for unfair damage to reputation. Defamation law can also potentially impact a far greater number of people than a generation ago.

"This bill brings the law up to date and simplifies it in key areas, while striking an appropriate balance between freedom of expression and the protection from unfair damage to reputation."

Click here to access the bill and related papers.

Add To Favorites

Additional

  • News and events

In this section

  • Law Society news
  • CPD & Training
  • Blogs & opinions
  • Events
  • 75th Anniversary

Categories

  • civil litigation
  • criminal law
  • employment
  • obituary
  • careers
  • practice management
  • law society of scotland
  • government-administration
  • welfare/benefits
  • family-child law
  • reparation
  • professional regulation
  • property (non-commercial)
  • insolvency
  • consumer
  • human rights
  • mental health-adult incapacity
  • planning/environment
  • europe
  • information technology
  • immigration
  • education-training
  • executries
  • corporate
  • commercial property
  • agriculture-crofting
  • dispute resolution
  • risk management
  • intellectual property
  • client relations
  • tax
  • licensing
  • banking-financial services
  • trusts-asset management
  • reviews
  • opinion
  • For the public
  • Research and policy
  • Regulation
  • Journal online news
  • interview

News Archive

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