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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: 11 November 2015

Meeting of the Parliament 11 November 2015

Motion moved, That the Parliament agrees the following programme of business— Tuesday 17 November 2015 2.00 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Topical Questions (if selected) followed by Devolution (Further Powers) Committee Debate: Changing Relationships: Parliamentary Scrutiny of Intergovernmental Relations followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Wednesday 18 November 2015 2.00 pm Parliamentary Bureau Motions 2.00 pm Portfolio Questions Health, Wellbeing and Sport followed by Scottish Government Debate: Ambitious Housebuilding Programme for Scotland followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Thursday 19 November 2015 11.40 am Parliamentary Bureau Motions 11.40 am General Questions 12.00 pm First Minister’s Questions 12.30 pm Members’ Business 2.30 pm Parliamentary Bureau Motions 2.30 pm Stage 1 Debate: Community Justice (Scotland) Bill followed by Financial Resolution: Community Justice (Scotland) Bill followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time Tuesday 24 November 2015 2.00 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Topical Questions (if selected) followed by Scottish Government Business followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Wednesday 25 November 2015 2.00 pm Parliamentary Bureau Motions 2.00 pm Portfolio Questions Culture, Europe and External Affairs; Infrastructure, Investment and Cities followed by Scottish Government Business followed by Business Motions followed by Parliamentary Bureau Motions 5.00 pm Decision Time followed by Members’ Business Thursday 26...
Official Report Meeting date: 26 February 2015

Meeting of the Parliament 26 February 2015

On the general position, as I indicated in my opening answer, we have reduced the maximum wait target from 26 weeks down to 18 weeks. We have introduced a tougher target in order to drive progress faster.
Official Report Meeting date: 29 January 2015

Meeting of the Parliament 29 January 2015

It has also been agreed that the task force will convene monthly, with the next meeting scheduled for 26 February. The First Minister says that the task force will look at “opportunities elsewhere”.
Official Report Meeting date: 27 March 2014

Meeting of the Parliament 27 March 2014

—Official Report, Written Answers, 26 September 2013; S4W-16903.Can the First Minister confirm that an interim constitution bill would not be introduced to the Parliament until the people have had their say in September?
Official Report Meeting date: 13 November 2013

Meeting of the Parliament 13 November 2013

We embarked upon the programme to try to deal with the fact that the United Kingdom Government was cutting our traditional core capital budget by 26 per cent. That is the context. We are making good progress and I would hope that all members of the Parliament would get behind it.
Official Report Meeting date: 20 March 2013

Meeting of the Parliament 20 March 2013

Business Motions The next item of business is consideration of business motion S4M-5994, in the name of Joe FitzPatrick, on behalf of the Parliamentary Bureau, setting out a business programme.Motion moved,That the Parliament agrees the following programme of business—Tuesday 26 March 20132.00 pm Time for Reflectionfollowed by Parliamentary Bureau Motion...
Official Report Meeting date: 2 October 2012

Meeting of the Parliament 02 October 2012

(S4T-00063) The European Commission submitted a detailed opinion on minimum unit pricing for alcohol on 26 September. We are required to respond to the issues that are raised in the opinion, which are confidential, by 27 December.
Official Report Meeting date: 12 September 2012

Meeting of the Parliament 12 September 2012

The next item of business is consideration of business motion S4M-04070, in the name of Joe FitzPatrick, on behalf of the Parliamentary Bureau, setting out a business programme.Motion moved,That the Parliament agrees the following programme of business—Tuesday 18 September 20122.00 pm Time for Reflectionfollowed by Parliamentary Bureau Motionsfollowed by Topical Questions (if selected)followed by Ministerial Statement: National Planning Framework 3followed by Stage 1 Debate: Social Care (Self-directed Support) (Scotland) Billfollowed by Financial Resolution: Social Care (Self-directed Support) (Scotland) Billfollowed by Legislative Consent Motion: Enterprise and Regulatory Reform Bill – UK Legislationfollowed by Business Motionsfollowed by Parliamentary Bureau Motions5.00 pm Decision Timefollowed by Members’ BusinessWednesday 19 September 20122.00 pm Parliamentary Bureau Motions2.00 pm Portfolio QuestionsJustice and the Law Officers;Rural Affairs and the Environmentfollowed by Scottish Labour Party Businessfollowed by Business Motionsfollowed by Parliamentary Bureau Motions5.00 pm Decision Timefollowed by Members’ BusinessThursday 20 September 201211.40 am Parliamentary Bureau Motions11.40 am General Questions12.00 pm First Minister’s Questions12.30 pm Members’ Business2.30 pm Parliamentary Bureau Motions2.30 pm Ministerial Statement: Draft Budget 2013-14followed by Health and Sport Committee Debate: Inquiry into Support for Community Sportfollowed by Parliamentary Bureau Motions5.00 pm Decision TimeTuesday 25 September 20122.00 pm Time for Reflectionfollowed by Parliamentary Bureau Motionsfollowed by Topical Questions (if selected)followed by Scottish Government Businessfollowed by Business Motionsfollowed by Parliamentary Bureau Motions5.00 pm Decision Timefollowed by Members’ BusinessWednesday 26...

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