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Scottish daily launches libel law reform campaign

The Herald's Freedom of Speech campaign logoA campaign to reform libel law north of the border has been launched by a Scottish daily.

The Herald, Glasgow, has warned current legislation is having a “chilling effect on free speech” in the internet age.

Its Freedom of Speech campaign is urging the Scottish Government to bring it defamation laws into line with those of England and Wales.

Since the Coalition Government’s reforms during the last Parliament, claimants south of the border wishing to sue have to show “substantial harm” had been caused to their reputation in order to be successful.

The Herald says due to the same reforms not being adopted in Scotland, claimants are now using Scotland as a “back door” to gag journalists.

A Scottish Government review on defamation is currently taking place.

A piece introducing the campaign in The Herald reads: “Authorities are waking up to the fact that reform in England has made Scotland a back door to gagging people elsewhere in these islands.

“The internet and, in particular, social media mean that defamatory statements published in England, for example, could almost certainly be deemed to have been published in Scotland.

“Someone who believes they have been defamed online in, for example, the electronic version of a newspaper story can choose where to sue.

“Some journalists admit to thinking twice before exposing wrongdoing, fearing an expensive defamation action even if they were in the right. Those journalists just have to be read in Scotland.

“As writers’ organisation Scottish Pen stresses, this is not just a problem for the media.

“Scientists who criticise corporate interests or quack alternative medicine practitioners worry Scottish courts could be used to gag them; again, that could apply even if they were in England or Wales.

“Consumer champions who review products or services are at risk; so too are consumers. The time has never been better to expand free speech and protect our rights.”