Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-17632 · Session 2

Further to the answer to question S2W-17390 by Cathy Jamieson on 24 June 2005, whether any person can take individual legal action for defa…

Answered Asked by Phil Gallie Con Lodged 28 Jun 2005

The question

To ask the Scottish Executive, further to the answer to question S2W-17390 by Cathy Jamieson on 24 June 2005, whether any person can take individual legal action for defamation if they consider that their reputation may be damaged by a website such as that of Scotland Against Crooked Lawyers.

The answer

Answered by Cathy Jamieson on 26 Jul 2005 · 28 days after it was lodged, on time

Any individual can bring a defamationaction to protect his or her reputation.
Under the Defamation Act 1996a person has a defence in defamation proceedings if: they can show they are notthe author, editor or commercial publisher of the statement complained of; theytook reasonable care in relation to its publication, and did not know and had noreason to believe that what they did caused or contributed to the publication ofa defamatory statement. This is intended to cover printers, distributors, on-lineservice providers and live broadcasters.
Individuals who considerthat a statement made about them is defamatory and may damage their reputation shouldseek their own legal advice.

In the Official Report

No contribution in the Official Report cites S2W-17632 by reference.