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Last updated:
27 January 2021
SPBill61AS052021
Defamation and Malicious Publication (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section RT 1 P A D EFAMATION 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 to make amends 13 Offer 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 SP Bill 61A Session 5 (2021) ii Defamation and Malicious Publication (Scotland) Bill Removal of presumption that proceedings are to be tried by jury 20 Removal of presumption that proceedings are to be tried by jury P ART 2 M ALICIOUS 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...
Last updated:
9 December 2019
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General provision 14 Defamation and Malicious Publication (Scotland) Bill Part 3 — General 24 Limit on requirement to show financial loss pursuer in proceedings under this Part does not need to show financial loss if the Astatement complained of is more likely than not to cause such loss. 25 Statements conveying two or more meanings 5 (1) This section applies where proceedings are brought under this Part in respect of a statement that is capable of conveying two or more distinct meanings. (2) It is not necessary for the purposes of deciding whether harm has occurred for the court to determine— (a) which of the meanings is conveyed by the statement in the circumstances, or 10 (b) that one meaning should be preferred to the exclusion of the other or others. (3) But nothing in this section prevents the court from excluding or disregarding possible meanings where it considers it appropriate to do so. 26...
Official Report
Meeting date:
22 May 2018
Justice Committee 22 May 2018
There would be a role for criminal justice social work in that decision, and it would inform the court. Absolutely. Would there be liaison at that point? I appreciate that it is not your area of work at the moment, but do you understand that there would be liaison between criminal justice social work and the police s...
Official Report
Meeting date:
10 January 2018
Meeting of the Parliament 10 January 2018
That is why it is reasonable to expect any discussions about the chief constable returning to work to be informed by close liaison with the PIRC on the stage that the investigation has reached and any possible ramifications of a reinstatement for those investigations.
Official Report
Meeting date:
3 December 2013
Meeting of the Parliament 03 December 2013
When we compare figures for the 2007 election with those from the election two years ago, we find that in 2007 25.5 per cent of SNP members were women and that, in 2011, the figure went up 0.5 per cent to 26 per cent. To Labour’s credit, 50 per cent of its members were women in 2007; in 2011, the figure stayed pretty...
Official Report
Meeting date:
25 March 2026
Meeting of the Parliament 25 March 2026
It is a textbook example of how not to bring a community with you.Islanders have also expressed concerns about CalMac’s reticence to carry out an impact assessment under the Islands (Scotland) Act 2018, even though the changes are significant.
Official Report
Meeting date:
26 February 2026
Meeting of the Parliament 26 February 2026
I am informed by constituents that there are several issues with the new portal, which is making it harder for elderly residents, in particular, to make their voices heard.Will the cabinet secretary commit to improving transparency in the consenting process, and will she guarantee that, in the future, energy projects will proceed only with the express conse...
Official Report
Meeting date:
19 March 2025
Meeting of the Parliament 19 March 2025
As the cabinet secretary knows, the Criminal Justice Committee spent a considerable amount of time considering the mental health of police officers, and it expressed concern that specialist counselling services were not available.
Official Report
Meeting date:
11 December 2024
Citizen Participation and Public Petitions Committee 11 December 2024
The petitioner’s submission and the testimonies that we have received contradict the view of the minister, as expressed in her earlier submission. Do colleagues have any comments or suggestions for action?
Official Report
Meeting date:
20 November 2024
Meeting of the Parliament 20 November 2024
As a point of principle, the Scottish Government is very supportive of place-based regeneration, and I understand the disappointment that the member has expressed. The Cabinet Secretary for Finance and Local Government is writing to the Chief Secretary to the Treasury, seeking further information on the UK Government’s intentions for previously committed f...
