Search Legislation

Defamation and Malicious Publication (Scotland) Act 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 32

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Defamation and Malicious Publication (Scotland) Act 2021, Section 32. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

32Limitation of actionsS

This section has no associated Explanatory Notes

(1)Section 18A of the Prescription and Limitation (Scotland) Act 1973 (limitation of defamation and other actions) is amended as follows.

(2)In subsection (1)—

(a)after “defamation” insert “ or under section 21, 22 or 23 of the 2021 Act (actionable types of malicious publication) ”,

(b)for “3 years” substitute “ one year ”.

(3)After subsection (1), insert—

(1A)Where—

(a)a person publishes a statement to the public or to a section of the public (“the first publication”), and

(b)the person subsequently publishes (whether or not to the public) the same statement or a statement that is substantially the same (“the subsequent publication”),

any right of action against the person for defamation or under section 21, 22 or 23 of the 2021 Act in respect of the subsequent publication is to be treated as having accrued on the date of the first publication.

(1B)Subsection (1A) does not apply where the court determines that the manner of the subsequent publication is materially different from the manner of the first publication.

(1C)In determining whether the manner of the subsequent publication is materially different from the manner of the first publication, the court may have regard to—

(a)the level of prominence that the statement is given,

(b)the extent of the subsequent publication, and

(c)any other matter that the court considers relevant..

(4)In subsection (2), after “defamed” insert “ or harmed by a malicious publication in a manner described in section 21, 22 or 23 of the 2021 Act ”.

(5)After subsection (3) insert—

(3A)This section continues to have effect in relation to a statement which was published before the day on which section 32 of the 2021 Act comes into force as if it had not been amended by section 32 of the 2021 Act.

(3B)In determining whether subsection (1A) applies, no account is to be taken of a statement which was published before the day on which section 32 of the 2021 Act comes into force..

(6)In subsection (4)—

(a)for paragraph (a) substitute—

(aa)the 2021 Act” means the Defamation and Malicious Publication (Scotland) Act 2021,,

(b)in paragraph (b)—

(i)after “construed” insert “ (subject to subsection (1A)) ”,

(ii)for “publication or communication” substitute “ statement ”,

(iii)after “defamation” insert “ or, as the case may be, under section 21, 22 or 23 of the 2021 Act ”,

(iv)for “first came to the notice of the pursuer.” substitute “ was published, and ”,

(c)after paragraph (b), insert—

(c)statement” has the meaning given in section 36 of the 2021 Act (interpretation)..

Commencement Information

I1S. 32 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources