Defamation law review brought onto law reform agenda
A review of the Scots law of defamation is one of the features of the Scottish Law Commission's Ninth Programme of Law Reform, published today.
The programme, which will form the basis for most of the Commission’s work over the next three years until the end of 2017, has been approved by Scottish ministers and follows extensive consultation with a wide range of bodies.
In selecting topics to examine, the Commission assesses the importance of the subject – how badly the law is in need of reform, and the potential benefits from reform – whether the issues are mainly legal rather than political, whether the Commission is best placed to review the law, and its resources and workload.
Regarding defamation it states: "We consider it to be essential that our law takes full account of the rapid pace of technological change, which has transformed communications in the internet age. These and other developments have given rise to major challenges for the rights to freedom of expression and to respect for private life. It is important that the modern law strikes the correct balance."
Other new projects will cover proprietary aspects of leases, and aspects of the law of prescription. The programme also incorporates ongoing projects from the Commission’s previous programme, on moveable transactions, contract law, compulsory purchase law and procedure, and heritable securities.
In addition the Commission carries out joint projects with other law reform bodies such as the Law Commission for England & Wales, and deals with issues referred to it by Scottish ministers and Government departments. Current joint projects include insurance law and electoral law.
Lord Pentland, the Commission’s chairman, said: “It gives me great pleasure in our golden anniversary year to present our Ninth Programme of Law Reform. We propose to undertake new projects, including a review to ensure that the law of defamation in Scotland is fit for the internet age. Freedom of speech and the right to privacy are fundamental values in our society; the law of defamation has a central part to play in
safeguarding both these rights.”