As a partner in the Libel Reform Campaign, Scottish PEN is working with a range of partners to reform the legislation governing defamation in Scotland. As it stands, the existing legislation severely undermines freedom of expression, limiting the ability of media outlets, bloggers, social media users and civil society to share information in the public interest. The ability for powerful interests to chill free speech demonstrates a challenge to Scotland’s ongoing commitment to protecting fundamental freedoms.
The overall aim of the campaign is to update and reform defamation law so as to:
- Accurately reflect the modern media landscape, offering effective protection for freedom of expression
- Ensure reputations can be protected in a manner available to everyone, not solely the rich and powerful
- Provide safeguards for individuals from companies or those with powerful interests seeking to silence reasonable criticism and comment
Specific points we see as essential to the reformed law include:
- Provision of the most effective protections for freedom of speech and expression across all conventional and new media platforms
- Establishing a robust statutory public interest defence
- Introducing a clear and coherent serious harm test to dissuade trivial cases being brought to court
- Adoption of a single publication rule and guidelines for online publications that bring defamation proceedings into the 21st century
The Scottish Law Commission is seeking to reform the law. Click here to read their discussion paper on potential reform (PDF).
Take action!
Here is key messaging that you can share online to raise awareness of the need for reform – help us make some noise about #FreeSpeech in Scotland
- I pledge to protect #FreeSpeech in Scotland by backing defamation reform #DefamationScot #Holyrood2016
- Join me in protecting #FreeSpeech & backing Scottish defamation reform by joining this thunderclap #DefamationScot http://www.scottishpen.org/defamation-scot
- Reform defamation & protect #FreeSpeech – check out the @scotlawcom discussion paper on reform here http://www.scotlawcom.gov.uk/files/5114/5820/6101/Discussion_Paper_on_Defamation_DP_No_161.pdf #DefamationScot
- Powerful interests should not chill #FreeSpeech in Scotland – Join me in calling for defamation reform #DefamationScot #Holyrood2016
The post Why Scottish PEN is calling for defamation reform appeared first on Scottish Pen.