Section 4 Power to specify persons to be treated as publishersI1

(1)

The Scottish Ministers may by regulations specify categories of persons who are to be treated as publishers of a statement for the purpose of defamation proceedings despite not being—

(a)

the author, editor or publisher of the statement as defined in section 3, or

(b)

an employee or agent of such a person.

(2)

Regulations under subsection (1) may also provide for a defence to defamation proceedings for a person who—

(a)

is treated as a publisher under such regulations,

(b)

did not know and could not reasonably be expected to have known that the material which the person disseminated contained a defamatory statement, and

(c)

satisfies any further conditions specified by the regulations.

(3)

Regulations under subsection (1) are subject to the affirmative procedure.

(4)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.

Annotations

Commencement

I1: S. 4 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2