Coming up in Holyrood on Tuesday, MSPs will take their final vote on the Defamation and Malicious Publications Bill. This is a critical reform, which will better protect free expression in Scotland & make it harder for frivilous actions to be brought. beta.parliament.scot/-/media/files/…
At stage 3, only @fultonsnp and @andywightman are proposing any amendments. Fulton's focuses on the court power to order removal of allegedly defamatory statements. Andy wants to replace the "serious harm" threshold to sue with a "real harm" threshold. beta.parliament.scot/-/media/files/…
This Bill is particularly important for social media as, amongst other things, it will significantly restrict the ability of pursuers to bring defamation proceedings against "secondary publishers" who may have shared or retweeted material from websites, newspapers and so on.
It also creates new defences to allegations of defamation sweeping away the sometimes confusing pattern of common law defences to defamation actions. These will now include the defence of (a) truth, (b) publication on a matter of public interest, and (c) honest opinion.
I tell a lie. A few other amendments have now come in from the Minister and from @liamkerrMSP. Liam's amendment is on the limititation period to bring a defamation action under the new Bill. beta.parliament.scot/-/media/files/…
Limitation may sound like a technical, but it is hugely important from a free expression point of view. At the moment, pursuers have three years to even begin legal action against someone they say defamed them. This Bill will reduce that period to one year only.
Why does this matter? Because a potential pursuer could send you a menacing letter - and leave you to stew for up to three years before lodging court documentation, if they lodge it at all. The potential chilling effect of this period of legal uncertainty should be obvious.
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