The Scottish Law Commission has said it will include a review of the defamation law in its ninth programme of reform. That’s fantastic news for those of us in the Libel Reform Campaign who want to ensure that the space for free speech is just as wide in every corner of the United Kingdom.
David Leask at the Daily Heraldreported the story and his article puts the review in context. Yrstrly is actually quoted briefly in the piece, but I prefer this quote from my colleagues at Scottish PEN:
We’re not just campaigning on this to plug a loophole – we’re trying to put in place a structure that supports a healthier media landscape in Scotland.
Robert Sharp, of freedom of expression group English PEN and the Libel Reform Campaign, said: “The worrying gap between protections in England and Wales and Scotland is allowing a chilling loophole to exist and this is especially concerning after Scots voted to stay in the United Kingdom.”
The internet, and in particular social media, means that defamatory statements published in England, for example, could almost certainly be deemed to have been published in Scotland. So somebody who believes they have been defamed online – in, for example, the electronic version of a newspaper, story can now choose where to sue.
Mr Sharp added: “We have every respect for Scots law and understand that it is not the same. But as long as the loophole exists, the chill exists. As long as we have the UK, we can say that if somebody has a reputation in England that can be tarnished, they have a reputation in Scotland too. This is a real constitutional issue and we hope Scotland will adopt a defamation act quickly.”