The Scottish Government plans to overhaul the country’s defamation law due to the rise of social media. The Government is inviting members of the public to a consultation to discuss the law, which protects people’s reputations against false claims.

The Government has highlighted the importance of carefully balancing the protection of reputation and freedom of expression, and this will be the first review of the legislation in more than 20 years.

Simplifying the law

The Scottish Law Commission instigated the review and has made 49 recommendations to simplify legislation and make it fit for purpose in the digital world. It has spent three years examining defamation and has suggested reducing the time limit for bringing a legal action from three years to one.

The commission also believes that a “public interest” defence should be enshrined in law, enabling what it describes as “fearless journalism” to thrive.

Ash Denham, Minister for Community Safety, noted that the abundance of false information being published and spread on social media was a driving factor

She said: “Defamation law potentially affects everyone and it is crucial that we ensure the law is fit for modern Scotland. The enormous growth in the use of social media presents new challenges and means that defamatory communication is becoming increasingly instant and common.

“It is crucial that we strike the right balance between the two values that often pull in opposing directions – freedom of expression and the protection of an individual’s reputation.

“Consultation is an essential part of the process and members of the public have an important part to play in reforming the law on defamation and ensuring it is fit for the future.”