Germany: Investigation launched over allegations author defamed Wehrmacht

An investigation has been launched over allegations the director of a concentration camp memorial in Germany defamed members of the Wehrmacht by suggesting they committed war crimes.

Published 11 November 2020

Defamation bill passes stage one at Holyrood

The Defamation and Malicious Publication (Scotland) Bill has passed stage one at Holyrood.

Published 6 November 2020

Decree of absolvitor granted as Andy Wightman is vindicated in defamation case

Three years after a defamation action was brought against him, Scottish Greens MSP Andy Wightman has been vindicated by a judge in the Court of Session.

Published 11 March 2020

MSPs seek views on defamation reform proposals

MSPs on the Scottish Parliament’s Justice Committee are seeking views from the public, media organisations and publishers, internet firms and other experts on proposed changes to the law on defamation.

Published 17 January 2020

Draft defamation bill published

The definition of what constitutes a defamatory statement is to be set out in Scots law for the first time under draft legislation published today.

Published 3 December 2019

Writers call on Scottish government to reform defamation

181 writers and campaigners including Ian Rankin, Sara Sheridan, Christopher Brookmyre, Karen Campbell, Christine de Luca, Zoe Wicomb, James Robertson and Zoe Strachan have signed a letter authored by Scottish PEN calling on the Scottish government to introduce a defamation bill in the forthcoming year of the parliamentary session.

Published 15 August 2019

Blog: No pictures, please – Scotland v England as a forum for defamation cases

The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen's Bench Division Media and Communications List. CMS lawyers Dan Tench, Emma Boffey, Graeme MacLeod and Joanna Clark examine the case.

Published 21 June 2019

Libel Reform Campaign welcomes Supreme Court judgment on ‘serious harm’ in Lachaux

The Libel Reform Campaign, which campaigned successfully for the ’serious harm’ test in defamation, has welcomed the judgment in Lachaux v Independent Print Ltd and another, handed down by the Supreme Court yesterday.

Published 13 June 2019

Newspapers fail in appeal against libel actions as serious harm test is satisfied

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied.

Published 12 June 2019

Advocate General Szpunar: Facebook must identify all copies of comments found to be defamatory

According to Advocate General Szpunar, Facebook can be ordered to seek and identify all comments identical to a defamatory comment that has been found to be illegal, and equivalent comments in so far as the latter originate from the same user. In the present case, the EU law relied on does not regulate the question whether Facebook can be ordered to delete the comments at issue worldwide.

Published 5 June 2019

Faculty reiterates opposition to ‘serious harm’ test for Scottish defamation actions

The Faculty of Advocates has reiterated its opposition to the introduction of a "serious harm" test before defamation actions in Scotland are allowed to proceed.

Published 23 April 2019

Kezia Dugdale successfully defends defamation action over pro-independence blogger’s ‘homophobic’ tweet

The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her.

Published 18 April 2019

England: Solicitor fails in £900,000 bid for damages over Facebook post

An English solicitor who said her professional reputation had been destroyed by a Facebook post has lost her £900,000 libel claim.

Published 18 April 2019

Defamation reform: freedom of expression and protection of reputation must be balanced

Striking the right balance between freedom of expression and protection of reputation is key to modernising Scots law on defamation, according to the Law Society of Scotland.

Published 16 April 2019

Views sought on reform of defamation regime

The public is being invited to help reform defamation law in Scotland.

Published 14 January 2019