Have your say on updating the law on defamation

Published 14th Jan 2019

A review is getting underway into how to make Scotland's law on defamation fit for the age of social media. social media.

The legal principle behind it is the damaging of an individual's reputation through false communication, and the public is being asked to submit their views to a consultation on aspects including the three-year time limit on claims, the threshold of "serious harm'' and action against unjustified legal threats of defamation.

It follows a report by the Scottish Law Commission which made 49 recommendations to modernise and simplify legislation.

Launching the consultation, community safety minister Ash Denham said: "Defamation law potentially affects everyone and it is crucial that we ensure the law is fit for modern Scotland.

"The enormous growth in the use of social media presents new challenges and means that defamatory communication is becoming increasingly instant and common.

"It is crucial that we strike the right balance between the two values that often pull in opposing directions - freedom of expression and the protection of an individual's reputation.

"Consultation is an essential part of the process and members of the public have an important part to play in reforming the law on defamation and ensuring it is fit for the future.''

The public consultation will run until April 5