Online abuse sparks review of laws

THE ‘enormous growth’ in social media has sparked a major shakeup of Scotland’s defamation laws.

Ministers yesterday promised that laws designed to protect people from having their reputation unfairly tarnished would be made ‘fit for modern Scotland’.

But they said they would only look to extend current laws to cover those who are the original ‘author, editor or publisher’ of defamatory posts on sites such as Facebook or Twitter, and not those who go on to share them.

Launching the consultation yesterday, Community Safety Minister Ash Denham said: ‘The enormous growth in the use of social media presents new challenges and means that defamatory communication is becoming increasingly instant and common.

‘It is crucial that we strike the right balance between the two values that often pull in opposing directions – freedom of expression and the protection of an individual’s reputation.

‘Consultation is an essential part of the process and members of the public have an important part to play in reforming the law on defamation and ensuring it is fit for the future.’

The Scottish Government said any review of responsibility and defences of publication by internet ‘intermediaries’, such as Google or Facebook, should be carried out on a UK-wide basis.

Conservative MSP Margaret Mitchell, convener of Holyrood’s justice committee, said: ‘The justice committee has pressed both the First Minister and her government to review defamation laws.

‘Therefore, the committee very much welcomes this consultation.

‘In the hearings our committee has held, there was a strong consensus that Scotland needs to update its statute books for the era of online publishing and comment. We look forward to working with the Government as its consultation on defamation progresses.’

‘Era of online publishing and comment’