Defamation in Scots law -closes 5 April

In December 2017 the Scottish Law Commission published a Report on Defamation which aimed to reform Scots law on defamation. This consultation seeks views on some recommendations made by the Commission in the following areas:

  • The statutory threshold test of serious harm;
  • Proceedings against secondary publishers;
  • The defence of honest opinion;
  • Offers to make amends;
  • Malicious publications; and,
  • Limitation and the multiple publication rule.

This consultation also seeks views on issues that were not raised as a part of the Commission’s reform project including

  • Defining defamation; and
  • Making unjustified legal threats an actionable delict.