Tomorrow (Tuesday 2 March 2021), the Scottish Parliament will vote to reform Scotland’s Defamation law.
Currently, section 30 of the Defamation and Malicious Publications (Scotland) Bill would provide the court with a power to order removal of a statement before any judgment is taken on whether it is defamatory. This guilty-until-proven-innocent power could be abused to muzzle legitimate speech.
Amendments tabled by Fulton MacGregor MSP propose a “prominent notice” power for the Court. This would mean the content can remain published during proceedings, and any readers can understand that the content is being disputed.
Please urge your MSP to protect free expression online by voting for section 30 Amendments 8 and 9 from Fulton MacGregor MSP on Powers of the Court to create a notice regime in ongoing defamation proceedings.
These safeguards will better balance the right to freedom of expression online with the need to fairly protect reputation.
Open Rights Group Scotland has launched an easy-to-use campaign page which allows you to contact your elected representative regarding the amendment.