OpenLegislation

Defamation Act 2013 in Scotland

2013 c. 26 · Enacted 25 April 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 8 August 2022.

An Act to amend the law of defamation.

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 1Serious harm
  2. Defences
  3. 6Peer-reviewed statement in scientific or academic journal etc
  4. 7Reports etc protected by privilege
  5. 8Single publication rule
  6. 9Action against a person not domiciled in the UK ...
  7. 10Action against a person who was not the author, editor etc
  8. 11Trial to be without a jury unless the court orders otherwise
  9. 12Power of court to order a summary of its judgment to be published
  10. 13Order to remove statement or cease distribution etc
  11. 14Special damage
  12. General provisions
  13. 15Meaning of “publish” and “statement”
  14. 16Consequential amendments and savings etc
  15. 17Short title, extent and commencement

1Serious harmI1

(1)

A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.

(2)

For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss.

6Peer-reviewed statement in scientific or academic journal etcI1

(F11)

The publication of a statement in a scientific or academic journal (whether published in electronic form or otherwise) is privileged if the following conditions are met.

(2)

The first condition is that the statement relates to a scientific or academic matter.

(3)

The second condition is that before the statement was published in the journal an independent review of the statement's scientific or academic merit was carried out by—

(a)

the editor of the journal, and

(b)

one or more persons with expertise in the scientific or academic matter concerned.

(4)

Where the publication of a statement in a scientific or academic journal is privileged by virtue of subsection (1), the publication in the same journal of any assessment of the statement's scientific or academic merit is also privileged if—

(a)

the assessment was written by one or more of the persons who carried out the independent review of the statement; and

(b)

the assessment was written in the course of that review.

(5)

Where the publication of a statement or assessment is privileged by virtue of this section, the publication of a fair and accurate copy of, extract from or summary of the statement or assessment is also privileged.

(6)

A publication is not privileged by virtue of this section if it is shown to be made with malice.

(7)

Nothing in this section is to be construed—

(a)

as protecting the publication of matter the publication of which is prohibited by law;

(b)

as limiting any privilege subsisting apart from this section.

(8)

The reference in subsection (3)(a) to “the editor of the journal” is to be read, in the case of a journal with more than one editor, as a reference to the editor or editors who were responsible for deciding to publish the statement concerned.

7Reports etc protected by privilege

I1(1)

For subsection (3) of section 14 of the Defamation Act 1996 (reports of court proceedings absolutely privileged) substitute—

“(3)

This section applies to—

(a)

any court in the United Kingdom;

(b)

any court established under the law of a country or territory outside the United Kingdom;

(c)

any international court or tribunal established by the Security Council of the United Nations or by an international agreement;

and in paragraphs (a) and (b) “court” includes any tribunal or body exercising the judicial power of the State.”

(2)

In subsection (3) of section 15 of that Act (qualified privilege) for “public concern” substitute “ public interest ”.

(3)

Schedule 1 to that Act (qualified privilege) is amended as follows.

(4)

For paragraphs 9 and 10 substitute—

“

9
(1)

A fair and accurate copy of, extract from or summary of a notice or other matter issued for the information of the public by or on behalf of—

(a)

a legislature or government anywhere in the world;

(b)

an authority anywhere in the world performing governmental functions;

(c)

an international organisation or international conference.

(2)

In this paragraph “governmental functions” includes police functions.

10

A fair and accurate copy of, extract from or summary of a document made available by a court anywhere in the world, or by a judge or officer of such a court.”

(5)

After paragraph 11 insert—

“

11A

A fair and accurate report of proceedings at a press conference held anywhere in the world for the discussion of a matter of public interest.”

(6)

In paragraph 12 (report of proceedings at public meetings)—

(a)

in sub-paragraph (1) for “in a member State” substitute “ anywhere in the world ”;

(b)

in sub-paragraph (2) for “public concern” substitute “ public interest ”.

(7)

In paragraph 13 (report of proceedings at meetings of public company)—

(a)

in sub-paragraph (1), for “UK public company” substitute “ listed company ”;

(b)

for sub-paragraphs (2) to (5) substitute—

“(2)

A fair and accurate copy of, extract from or summary of any document circulated to members of a listed company—

(a)

by or with the authority of the board of directors of the company,

(b)

by the auditors of the company, or

(c)

by any member of the company in pursuance of a right conferred by any statutory provision.

(3)

A fair and accurate copy of, extract from or summary of any document circulated to members of a listed company which relates to the appointment, resignation, retirement or dismissal of directors of the company or its auditors.

(4)

In this paragraph “listed company” has the same meaning as in Part 12 of the Corporation Tax Act 2009 (see section 1005 of that Act).”

(8)

In paragraph 14 (report of finding or decision of certain kinds of associations) in the words before paragraph (a), for “in the United Kingdom or another member State” substitute “ anywhere in the world ”.

I2(9)

F1After paragraph 14 insert—

“

14A

A fair and accurate—

(a)

report of proceedings of a scientific or academic conference held anywhere in the world, or

(b)

copy of, extract from or summary of matter published by such a conference.”

(10)

For paragraph 15 (report of statements etc by a person designated by the Lord Chancellor for the purposes of the paragraph) substitute—

“

15
(1)

A fair and accurate report or summary of, copy of or extract from, any adjudication, report, statement or notice issued by a body, officer or other person designated for the purposes of this paragraph by order of the Lord Chancellor.

(2)

An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(11)

For paragraphs 16 and 17 (general provision) substitute—

“

16

In this Schedule—

  • “court” includes—

    1. (a)

      any tribunal or body established under the law of any country or territory exercising the judicial power of the State;

    2. (b)

      any international tribunal established by the Security Council of the United Nations or by an international agreement;

    3. (c)

      any international tribunal deciding matters in dispute between States;

  • “international conference” means a conference attended by representatives of two or more governments;

  • “international organisation” means an organisation of which two or more governments are members, and includes any committee or other subordinate body of such an organisation;

  • “legislature” includes a local legislature; and

  • “member State” includes any European dependent territory of a member State.”

8Single publication ruleI1

(1)

This section applies if a person—

(a)

publishes a statement to the public (“the first publication”), and

(b)

subsequently publishes (whether or not to the public) that statement or a statement which is substantially the same.

(2)

In subsection (1) “publication to the public” includes publication to a section of the public.

(3)

For the purposes of section 4A of the Limitation Act 1980 (time limit for actions for defamation etc) any cause of action against the person for defamation in respect of the subsequent publication is to be treated as having accrued on the date of the first publication.

(4)

This section does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.

(5)

In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the matters to which the court may have regard include (amongst other matters)—

(a)

the level of prominence that a statement is given;

(b)

the extent of the subsequent publication.

(6)

Where this section applies—

(a)

it does not affect the court's discretion under section 32A of the Limitation Act 1980 (discretionary exclusion of time limit for actions for defamation etc), and

(b)

the reference in subsection (1)(a) of that section to the operation of section 4A of that Act is a reference to the operation of section 4A together with this section.

9Action against a person not domiciled in the UK ...F5I1

(1)

This section applies to an action for defamation against a person who is not domiciled—

(a)

in the United Kingdom;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

A court does not have jurisdiction to hear and determine an action to which this section applies unless the court is satisfied that, of all the places in which the statement complained of has been published, England and Wales is clearly the most appropriate place in which to bring an action in respect of the statement.

(3)

The references in subsection (2) to the statement complained of include references to any statement which conveys the same, or substantially the same, imputation as the statement complained of.

F3(4)

Sections 41 and 42 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether an individual, corporation or association is regarded as “domiciled in the United Kingdom” for the purposes of this section.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Action against a person who was not the author, editor etcI1

(1)

A court does not have jurisdiction to hear and determine an action for defamation brought against a person who was not the author, editor or publisher of the statement complained of unless the court is satisfied that it is not reasonably practicable for an action to be brought against the author, editor or publisher.

(2)

In this section “author”, “editor” and “publisher” have the same meaning as in section 1 of the Defamation Act 1996.

11Trial to be without a jury unless the court orders otherwiseI1

(1)

In section 69(1) of the Senior Courts Act 1981 (certain actions in the Queen's Bench Division to be tried with a jury unless the trial requires prolonged examination of documents etc) in paragraph (b) omit “libel, slander,”.

(2)

In section 66(3) of the County Courts Act 1984 (certain actions in the county court to be tried with a jury unless the trial requires prolonged examination of documents etc) in paragraph (b) omit “libel, slander,”.

12Power of court to order a summary of its judgment to be publishedI1

(1)

Where a court gives judgment for the claimant in an action for defamation the court may order the defendant to publish a summary of the judgment.

(2)

The wording of any summary and the time, manner, form and place of its publication are to be for the parties to agree.

(3)

If the parties cannot agree on the wording, the wording is to be settled by the court.

(4)

If the parties cannot agree on the time, manner, form or place of publication, the court may give such directions as to those matters as it considers reasonable and practicable in the circumstances.

(5)

This section does not apply where the court gives judgment for the claimant under section 8(3) of the Defamation Act 1996 (summary disposal of claims).

13Order to remove statement or cease distribution etcI1

(1)

Where a court gives judgment for the claimant in an action for defamation the court may order—

(a)

the operator of a website on which the defamatory statement is posted to remove the statement, or

(b)

any person who was not the author, editor or publisher of the defamatory statement to stop distributing, selling or exhibiting material containing the statement.

(2)

In this section “author”, “editor” and “publisher” have the same meaning as in section 1 of the Defamation Act 1996.

(3)

Subsection (1) does not affect the power of the court apart from that subsection.

14Special damageI1

(1)

The Slander of Women Act 1891 is repealed.

(2)

The publication of a statement that conveys the imputation that a person has a contagious or infectious disease does not give rise to a cause of action for slander unless the publication causes the person special damage.

15Meaning of “publish” and “statement”

F1In this Act—

  • “publish” and “publication”, in relation to a statement, have the meaning they have for the purposes of the law of defamation generally;

  • “statement” means words, pictures, visual images, gestures or any other method of signifying meaning.

16Consequential amendments and savings etcI1

I2(1)

Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended in accordance with subsections (2) and (3).

(2)

In subsection (3) for “of justification or fair comment or” substitute “ under section 2 or 3 of the Defamation Act 2013 which is available to him or any defence ”.

(3)

In subsection (5) for “the defence of justification” substitute “ a defence under section 2 of the Defamation Act 2013 ”.

(4)

Nothing in section 1 or 14 affects any cause of action accrued before the commencement of the section in question.

(5)

F1Nothing in sections 2 to 7 or 10 has effect in relation to an action for defamation if the cause of action accrued before the commencement of the section in question.

(6)

In determining whether section 8 applies, no account is to be taken of any publication made before the commencement of the section.

(7)

Nothing in section 9 or 11 has effect in relation to an action for defamation begun before the commencement of the section in question.

(8)

In determining for the purposes of subsection (7)(a) of section 3 whether a person would have a defence under section 4 to any action for defamation, the operation of subsection (5) of this section is to be ignored.

17Short title, extent and commencement

(1)

This Act may be cited as the Defamation Act 2013.

(2)

F1...This Act extends to England and Wales only.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Subject to F3subsection (6), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Section 15, subsections (4) to (8) of section 16 and this section come into force on the day on which this Act is passed.