Details of Provisions
Subsection (1) provides that the strict liability rule shall not apply to any publication:
made in the proceedings of the Scottish Parliament in relation to a Bill or subordinate legislation; or
to the extent that it consists of a fair and accurate report of such proceedings made in good faith.
Subsection (1)(a) is necessary to ensure that the Scottish Parliament is able to consider and pass legislation about any matter even if that matter may be the subject of proceedings before a court which are active. Subsection (1)(b) is designed to protect those who report such proceedings in good faith.
The note on section 41 sets out what is meant by proceedings in the Parliament.
Subsection (2) provides that the “strict liability rule” and “publication” have the same meanings as in the Contempt of Court Act 1981. Section 1 of that Act states that “the strict liability rule means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so”. Section 2 of the 1981 Act states that for the purposes of the rule, “publication” includes any speech, writing, programme in a cable programme service, or other communication in whatever form, which is addressed to the public at large or any section of the public.
