Defamation Law in Scotland - Recent Caselaw Explored

Introduction

This webinar will explore the key concepts relevant to an action of defamation under the Defamation and Malicious Publication (Scotland) Act 2021. The Act represents the most significant reform of Scots defamation law in decades, modernising rules that had previously been criticised as outdated, overly complex, and ill-suited to the realities of online communication.

Among the most important changes are the introduction of the ‘serious harm’ threshold for claims, the clearer codification of defences, and specific provisions dealing with secondary publishers and online platforms.

The webinar will also consider recent case law in Scotland and across the UK, with a focus on practical implications for litigators.

If you are a litigation solicitor or solicitor advocate, this webinar is designed for you.

What You Will Learn

This webinar will cover the following:

• Defamatory statement and the ‘serious harm’ test
• Social media risks and the position of secondary publishers
• Core statutory defences: truth, honest opinion, and public interest
• Privilege and other protections
• Offer to make amends procedure
• Jurisdictional issues and cross-border considerations
• Remedies available: damages, interdict, take-down
• Limitation
• Recent case law developments - Gillespie v Wardrop [2025], Ashton Properties (Glasgow) Ltd v Unite the Union
• The ‘SLAPP gap’? Strategic lawsuits against public participation

This pre-recorded webinar will be available to view from Tuesday 10th February 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.