Modernising Defamation law in Scotland

In 2017 the Scots Law Commission proposed reforming the law of Defamation in Scotland, updating a law that had been untouched since 1996.

Open Rights Group has been contributing to the various consultations, ensuring that freedom of expression online in Scotland is protected.

Making Scots Defamation law fit for the digital age

We are fighting alongside other organisations in Scotland for key reforms:

  • Restrict the liability of internet intermediaries to prevent immediate and pre-emptive takedowns.
  • Maintain fairness for disputed material, where the defamatory nature is yet to be determined.
  • Limit the time for which a statement can be claimed to be defamatory.

So far we have:

  • Responded to the Scottish Law Commission’s proposal.
  • Contributed to Scottish Government’s public consultation
  • Contributed to the Justice Committee’s scrutiny of the Bill
  • Held events to help the public contribute to the Government’s public consultation

We are continuing to monitor the progress of the Bill to ensure a fit for purpose law.


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