25.This section makes it clear that any information submitted with a reference under section 2(1) or 4(1) attracts qualified privilege (that is, it is privileged for the purposes of the law of defamation unless it is actuated by malice). It also makes it clear that qualified privilege applies to observations made in response to invitations made by the Scottish Ministers to comment on a reference or on the observations of others.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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