The Bill aims to modernise and simplify the law of defamation and of verbal injury. It implements recommendations in the Scottish Law Commission’s report on defamation.
This is a Government bill
The Bill became an Act on 21 April 2021
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill aims to modernise and simplify the law of defamation and of verbal injury. It implements recommendations in the Scottish Law Commission’s report on defamation.
The Bill makes changes to the law of defamation and to the law of verbal injury. The Bill is in 3 parts:
The law on defamation is in common law rules and several pieces of legislation. It was last changed in 1996.
The Bill aims to modernise and simplify the law of defamation and verbal injury in Scotland.
This will:
Defamation and Malicious Publication (Scotland) Bill as Introduced (1MB, pdf) posted 03 December 2019
Explanatory Notes (254KB, pdf) posted 03 December 2019
Policy Memorandum (311KB, pdf) posted 03 December 2019
Financial Memorandum (228KB, pdf) posted 14 September 2020
Delegated Powers Memorandum (176KB, pdf) posted 04 December 2019
Statements on legislative competence (117KB, pdf) posted 03 December 2019
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Defamation and Malicious Publication (Scotland) Bill SPICe briefing
The Bill was introduced on 2 December 2019
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 5 November 2020 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 5 November 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments to be considered at this meeting on 26 January 2021:
Corrected Marshalled List of Amendments for Stage 2 (216KB, pdf) posted 22 January 2021
Corrected Groupings of Amendments for Stage 2 (228KB, pdf) posted 22 January 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (240KB, pdf) posted 24 February 2021
Revised Delegated Powers Memorandum (203KB, pdf) posted 24 February 2021
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Defamation and Malicious Publication (Scotland) Bill printing changes after Stage 2 (48KB, pdf) posted 14 April 2021
The Bill ended Stage 2 on 26 January 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments to be considered at the meeting on 2 March 2021:
Marshalled List of Amendments for Stage 3 (164KB, pdf) posted 24 February 2021
Timed Groupings of Amendments for Stage 3 (194KB, pdf) posted 01 March 2021
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
See further details of the motion
Result 118 for, 0 against, 0 abstained, 11 did not vote Vote Passed
See further details of the motion
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Defamation and Malicious Publication (Scotland) Bill printing changes as passed (97KB, pdf) posted 14 April 2021
The Bill ended Stage 3 on 2 March 2021
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.