News, Scotland: Reactions to Report of Expert Group on Leveson: “Shameful” and “Draconian”?

As we reported on Friday, the Expert Group on Leveson established by the First Minister, Alex Salmond, recommended a statutory recognition body, a regulator with jurisdiction over all publishers in Scotland and a “failsafe”.  There is a BBC report about these recommendations, “McCluskey Report recommends legal press regulation in Scotland“.

News: Leveson, Scotland Expert Group Recommends Statute, Regulator for all Publishers and Failsafe

The Expert Group on the Leveson Report appointed by the Scottish Government has today published its report.   It recommended a statutory recognition body with an approved regulator to have jurisdiction over all publishers.  It also recommends a statutory “fail safe” with Ministers establishing an approved regulator if none is approved.

Scotland: Panel Appointed to consider Leveson Recommendations

A five-person panel has been appointed to consider the recommendations of the Leveson Report in Scotland.  The expert group, to be chaired by former Solicitor General and Senator of the College of Justice Lord McCluskey, features Scots legal experts and representatives of journalism and those affected by malpractice.

Case Law, Scotland: RAH v MH, an anonymous defamation judgment – Kerry Trewern

The recent decision of the Court of Session in Scotland in RAH v MH ([2012] CSOH 126) is unusual for two reasons.  First, it follows a proof (trial) in a defamation action; a rare beast in the Scottish courts.  Second, parties’ names in the judgment are anonymised.

Defamation in Scotland – mostly quiet on the northern front?

In a comment on a recent post on the Scottish government consultation on “libelling the dead”, Scots law blogger Jonathan Mitchell QC drew attention to the fact that Scots libel law is effectively identical to that in England.

“something the English haven’t yet picked up on in the current debate as to libel law reform is that our law is effectively identical at present albeit with a very different costs regime, so if the UK Parliament reforms English libel law alone we can expect to see a straightforward transfer of litigation to Edinburgh”

News: Scottish Government to Consult on “Libelling the Dead”

It has been reported that Scottish ministers are to consult on a reform of the law of defamation to permit claims to be brought on behalf of the dead.   The consultation is set to be launched before the end of the year. A spokesman at Scotland’s Justice Department said that the Government had no view on whether a change was necessary of desirable:  “We have said that we will still be a very very long way away from changing the law on this“.