Value expression

The Scottish Government should not hesitate to include defamation reform in the upcoming Programme for Government.

For the last 23 years, Scotland has had to depend on antiquated and out-of-date defamation law, meaning that people who choose to speak out and speak up are at risk of costly legal actions brought by the wealthy, influential and thin-skinned.

Earlier this year, the Scottish Government announced a much-needed public consultation on defamation reform. This was welcomed as an opportunity to explore vital reforms, including the inclusion of a serious harm threshold to dissuade vexatious actions or those brought to silence criticism; a public interest defence; the ability to bring counter-suits against vexatious threats; better protections for online speech; and ensuring the time within which an action can be brought does not restart every time a hyperlink is viewed or a post shared. Every one of these reforms will strengthen free expression and ensure that public debate is not controlled by powerful vested interests.

Last year, Scottish PEN welcomed the consultation in a letter sent to the First Minister, signed by over 150 writers, ahead of the Programme for Government, calling for reform to be prioritised. We maintain that the analysis of the consultation should not

delay a commitment from the Scottish Government to introduce a Defamation (Reform) Bill in the forthcoming year of the parliamentary session. To this end, we call on Nicola Sturgeon to commit to bringing forward legislation to reform defamation in the Programme for Government for 2019/20.

Protecting free expression cannot wait any longer. Every moment reform is delayed, writers, academics, scientists, journalists and ordinary citizens exchanging their views online remain at risk from vexatious threats of legal action.

By committing to include legislation reforming defamation law in the 2019 Programme for Government, the Scottish Government can send a powerful signal to people across Scotland that free expression is both valued and protected and that Scotland prioritises laws that accurately represent the country as it is, not the country it used to be.

Sign the Scottish PEN letter to Nicola Sturgeon online at scottishpen.org/defamation by 11 August. NIK WILLIAMS Project Manager

Scottish PEN The Writers’ Museum

Lady Stair’s Close Lawnmarket, Edinburgh