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Defamation laws in Scotland are woefully out of date. Find out which day-to-day activities could land you in hot water!

Have You Ever Defamed Someone?

"Hey, landlord! Where's my deposit? Has it gone to your villa in Spain?"

If you've communicated with someone else with an accusation they deem to be defamatory they could sue you, even if no one else has seen it. Scottish defamation law does not require third-party communication for a defamation claim. If defamation laws are there to protect your reputation, how can your reputation be damaged if no one else is aware of the damaging statement?

Just you and me

Sending a private text message to someone else accusing them of something?

"Never eat here. Apparently they have found an ingenious way of saving money on food: just reheat leftovers from other customers!"

If you’ve posted a negative review online that cannot be proved, you could be sued. In fact, it is more likely that the website itself will be forced to take it down or face a court action – for a comment they had no control over! This includes sites including Mumsnet, Trip Advisor and Which?  
There are hundreds of websites that ask for reviews and other forms of user generated content – if this opened up the possibility of legal action, it could drastically undermine the principles at the heart of the Internet, as a participatory network that champions the voices and opinions of its users, not just the wealthy or powerful.

Constructive Feedback

Posting a negative review of a hotel/restaurant online?

"I don't trust @nikwilliams2. I hear he throws nuclear waste into the Clyde every year for his birthday."

If you’ve ever tweeted something you don’t have evidence for, however trivial or satirical, the person you’re tweeting about could sue you. While it is important that people can protect their reputation online, it is vital that legislation is up-to-date to accurately reflect social media and other new technologies, to ensure all powers are proportionate and continue to protect free expression.

The Rumour Mill

Tweeting a rumour you've heard to your followers?

If you're a moderator for a Facebook group, guess what? Yes, you could be sued for something someone else posts on the Facebook group. Even if you did not post anything, your role as moderator may be enough to make you responsible. This is what happens when you depend on legislation that was last amended prior to the invention of both twitter and Facebook and when the internet only had 10 million active users. This has changed significantly, so why shouldn’t Scotland’s defamation laws be updated as well?

Your selfless action could get you into trouble.

Moderating a Facebook group?

"Why Mr Bean MP is a corrupt front for a shady gangland empire" or "Stop buying Tim's Jeans their dyes are tested on animals"

If you blog about anything that affects anyone else at all, or reflects your engagement with the world around you, you could be sued for defamation. Without robust protections ensuring all powers are proportionate, defamation laws can continue to be used to silence community voices and stamp out civic debate. It is vital for a healthy democracy that civil society has ways to contribute to the national and international dialogue on key issues facing their communities and everyday lives.

You may need to tell a lawyer what you think, too.

Blogging about important issues?

"RT: You'll never believe this meeting really happened! bit.ly/postman-pat-tax-scandal"

If you’ve ever shared or retweeted a link to an article, not only could you be sued for the content in that article, but the person who wrote the article could be sued too. By sharing a link, current defamation legislation states that that article is ‘re-published’, which starts the clock on the window of time allowed for a defamation suit to be brought forward, ensuring that, in principle, culpability for defamation action can continue ad-infinitum. This is yet another example for the need to reform defamation law. We need laws that reflect our digital age, not laws that throw back to a point in history that is no longer relevant.

Reading (or not reading) what you share doesn't keep you safe.

RTing or sharing a link?

Please note: This is not a legal document and the situations are fictional cases created for campaigning purposes.

Eeeeh... might want to read up on your defamation knowledge!

Phew! You know lots about what can land you in court.

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Have You Ever Defamed Someone?

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