Libel Reform Campaign responds to Scottish Law Commission Consultation
- Written by Robert Sharp
- June 18, 2016
- Category: Scotland
The Libel Reform Campaign has submitted a detailed response to the Scottish Law Commission's consultation on the law of defamation.
Recommendations
— A public interest defence must be introduced into Scots Law
— A 'serious harm' test to discourage trivial and vexatious claims
— A 'single publication rule' and a revision on limitation periods for when pursuers can sue
— For-profit companies and other 'non-natural persons' should not be able to sue for defamation. If corporations are allowed to sue, that they should have to show financial loss before bringing a claim
— The Derbyshire case law that prevents public bodies from suing citizens for defamation should be put into statute
— A jurisidictional test to discourage 'libel tourism'
— Defences of truth and honest opinion should be set out clearly in statute
— The fair retort' defence should remain in Scots Law
— Alternative methods of dispute resolution should be incorporated into any reform
— Communication to a third party must be a requisite for a defamation action to be brought
— Qualified privilege should be extended to the reporting of international legislatures, courts and tribunals
— A presumption against expensive jury trials in defamation cases
Read the full Libel Reform Campaign response to the Scottish Law Commission.