![]() ![]() We felt that there was a need for that to deal with issues relating to investigative journalism and online publication. The committee was keen to have legislation on the issue. As a result of that consultation, three additional issues have been included in the bill: a definition of defamation tightening up on the narrowing of editorial activity and a provision to allow parties extra time to engage in alternative dispute resolution within the new limitation period. The Scottish Government carried out its own consultation following the publication of the 2017 report. The report also proposed putting the common-law defences of veritas and fair statement on a statutory footing replacing the common law of verbal injury with three statutory provisions on malicious publication and changing the three-year limitation period to a one-year period. The report also proposed putting on a statutory footing the principle that was laid down by the case of Derbyshire County Council v Times Newspapers Ltd that a public authority has no right at common law to bring proceedings for defamation. One proposal was to introduce a requirement that a right to bring defamation proceedings accrues only if the publication of a statement is to a third party and the publication has caused serious harm. The commission’s 2017 report proposes changes to the law that are generally in line with changes that were made in England and Wales following the commencement of the Defamation Act 2013. ![]() The rationale for reform is that, although defamation litigation has not been particularly common in Scotland in recent years, societal changes such as the increased use of internet communication mean that there is more scope than ever for speedy and potentially unfair damage to reputation. That was in response to the fact that, following the commission’s call for evidence on its ninth programme of law reform, quite a few people suggested that defamation is an area of law that is ripe for reform. The bill emanates from a Scottish Law Commission report that was published in 2017. The committee is probably aware of the background to the bill, because you have taken evidence from the Scottish Law Commission. I invite Jill or Jo-anne to give us an overview of the bill. ![]() I refer members to paper 4, which is a paper by the clerk, and paper 5, which is a private paper. From the Scottish Government’s bill team, I welcome Jill Clark, head of the private law unit, and Jo-anne Tinto, a solicitor in the legal directorate. It is an opportunity for us to find out more about the purpose of the bill, which we will scrutinise over the coming weeks. The next agenda item is an evidence session on the newly introduced Defamation and Malicious Publication (Scotland) Bill. ![]()
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