On 16 September 2020, in the case of BC v Chief Constable of the Police Service of Scotland ([2020] ScotCS CSIH 61) the Inner House of the Court of Session refused a reclaiming motion in relation to the use of racist, antisemitic and sexist WhatsApp messages in misconduct proceedings against ten police officers. Continue reading
The International Forum for Responsible Media Blog
Category: Scotland (Page 1 of 2)
A police force is conducting a criminal investigation into a sexual offence alleged to have been committed, as it happens, by one of its own officers. The force seizes his phone and comes across WhatsApp group chats in which several other officers in its service have posted offensive messages. Continue reading
The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen’s Bench Division Media and Communications List. Continue reading
Lukewarm response to Scottish Law Reform Commission’s report on defamation reform … Little movement … Not enough libelling going on … Defamation case against former leader splits the Scottish Labour Party … Homophobia collides with independence for Scotland … Nick Bonyhady reports. Continue reading
Yesterday the Scottish Law Commission published a Discussion Paper on Defamation [pdf]. This summarises the current Scots defamation law and poses a number of consultation questions about possible areas of reform. Continue reading
In the case of WF, Petitioner ([2016] CSOH 27) the Outer House of the Court of Session has ruled that the right to privacy and medical confidentiality under Article 8 of the Convention entitles complainers to be heard and have legal representation before any orders are made for recovery of their medical records. Continue reading
The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC. Continue reading
In the case of Kinley v Devine ([2014] CSOH 67) disgraced former MP Jim Devine was ordered to pay his one-time officer manager £18,000 in libel damages including interest over a series of statements in which he accused her of dishonesty and theft and claimed she was a gambling addict. Continue reading
During the course of what has been an intense, and often vitriolic, debate in the House of Lords on the decision not to implement the Defamation Act 2013 in Northern Ireland, the failure to even mention the similar stance taken by Scotland is somewhat bewildering. Continue reading
Almost a year on from the publication of the Leveson Report and media regulation in the UK remains in a state of flux. Two charters are currently vying to establish a recognition body to keep tabs on a press regulator in the UK. But both could result in a stalemate. This blog considers the impact on the regulation of the press in Scotland and whether there are alternative options available. Continue reading
Recent Judgments
© 2023 Inforrm's Blog
Theme by Anders Norén — Up ↑