Defamation and Malicious Publication (Scotland) Act 2021
Defamation and Malicious Publication (Scotland) Act 2021 (2021 asp 10)
- Defamation and Malicious Publication (Scotland) Act 2021 (2021 asp 10)
- PART 1 Defamation
- Actionability and restrictions on bringing proceedings
- 1 Actionability of defamatory statements
- 2 Prohibition on public authorities bringing proceedings
- 3 Restriction on proceedings against secondary publishers
- 4 Power to specify persons to be treated as publishers
- Defences
- 5 Defence of truth
- 6 Defence of publication on a matter of public interest
- 7 Defence of honest opinion
- 8 Abolition of common law defences and transitional provision
- Absolute privilege
- 9 Contemporaneous reports of court proceedings
- Qualified privilege
- 10 Peer-reviewed statement in scientific or academic journal etc.
- 11 Other statements protected by qualified privilege
- 12 Privilege: transitional provision
- Offers to make amends
- 13 Offer to make amends
- 14 Acceptance and enforcement of offer to make amends
- 15 Offer to make amends: multiple persons responsible for statement
- 16 Rejection of unqualified offer to make amends
- 17 Rejection of qualified offer to make amends
- 18 Offers to make amends: transitional provision
- Jurisdiction
- 19 Actions against a person not domiciled in the UK
- Removal of presumption that proceedings are to be tried by jury
- 20 Removal of presumption that proceedings are to be tried by jury
- PART 2 Malicious publication
- Actionable types of malicious publication
- 21 Statements causing harm to business interests
- 22 Statements causing doubt as to title to property
- 23 Statements criticising assets
- General provision
- 24 Limit on requirement to show financial loss
- 25 Statements conveying two or more meanings
- 26 Damages for anxiety and distress
- Abolition of common law verbal injuries
- 27 Abolition of common law verbal injuries
- PART 3 General
- Remedies
- 28 Power of court to order a summary of its judgment to be published
- 29 Making a statement in open court
- 30 Power of court to order display of notice of proceedings, removal of a statement etc.
- 31 Remedies: transitional provision
- Limitation
- 32 Limitation of actions
- 33 Interruption of limitation period: mediation
- 34 Interruption of limitation period: media complaints and expert determination
- Miscellaneous
- 35 Consequential modifications
- 36 Interpretation
- 37 Regulations
- 38 Ancillary provision
- 39 Commencement
- 40 Short title
- SCHEDULE Statements having qualified privilege
- PART 1 Statements having qualified privilege without being subject to explanation or contradiction
- Reports of legislative proceedings
- Legislature and government documents
- Reports of court and inquiry proceedings
- Court notices, advertisements etc.
- Public registers and documents
- International organisations and conferences
- PART 2 Statements having qualified privilege subject to explanation or contradiction
- Notices etc. issued by legislatures, governments, certain authorities, international organisations etc.
- Documents released by courts, judges and court officers
- Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc.
- Reports of press conferences on matters of public interest
- Reports of public meetings on matters of public interest
- Listed companies: reports of meetings and certain other documents
- Findings or decisions of certain associations
- Reports of scientific and academic conferences and associated documents
- Reports and summaries etc. by Scottish Ministers' designees
- PART 3 Supplementary provision
- Interpretation
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