Lord Pentland says the report is the most substantial proposal of reforms in Scots law history.

Lib Dems MSP Liam McArthur asks if it was the intention to alter the burden between pursuer and claimant.

Lord Pentland says there has been an attempt to strike a balance between the two throughout.

The proposals will make it more difficult for powerful individuals and bodies to use defamation law as a scare tactic, he adds.

Image source, bbc

Scottish Law Commission chairman Lord Pentland says modern communications pose a number of problems to defamation law.

Lord Pentland says taking account of the law in other parts of the world is very important.

He points to reform in England, Wales and Northern Ireland.

The SLC has published a discussion paper and prepared a working draft of a Bill appended to the report.

This led to a second round of consultation with 111 responses, says Lord Pentland.

He says the theme is to try to strike the correct balance between freedom of expression and protection of reputation.

Image source, Getty Images

Radical changes are being proposed to the law of defamation in Scotland to take into account the growth of the internet and social media.

It follows a three-year study by the Scottish Law Commission (SLC) into legislation which has not been revised for more than 20 years.

The commission said the changes would bring Scots Law up to date, but would still protect freedom of expression.

It has published a draft bill for MSPs to consider changing the law.

Read more here.

Scottish Law Commission chairman Lord Pentland explains the report was inspired by a number of responses to a consultation on the commission's ninth programme.

He says major reforms had been made by the Defamation Act 2013 in England and Wales, but these largely did not alter Scots law.

Much of Scots law on defamation is "antiquated", he adds, and scattered across the statute book.

The Scottish Law Commission report, external recognised any new law must strike the right balance between freedom of expression and protecting reputations.

It said a defence of public interest should be be enshrined in law, to allow "fearless journalism" to thrive.

And - in recognition of the changing nature of the term 'publication' - it proposed there should be a new rule, meaning only the originator of a statement could be sued. Those retweeting a statement, for example, would not be at risk.

Image source, Getty Images

Among its 49 recommendations, other suggestions include:

• It should no longer be possible to sue where a defamatory statement is made only to the person who is the subject of it and no-one else - in that case there cannot realistically be any damage to reputation.
• Where a statement has not caused serious harm to reputation there should be no right to sue. This is to prevent defamation actions being used as a weapon by the rich and powerful to try to silence unwelcome criticism.
• Ending the current three-year timescale to bring a defamation action which the SLC said was too long. Where there has been genuine damage to reputation this should become clear quickly, it said.

Image source, bbc

MSPs will now recieve a briefing on defamation from Scottish Law Commission chairman Lord Pentland and his colleague Graham McGlashan.

Read the committee papers here., external

Image source, bbc

MSPs will now consider the following negative instruments:

• Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017 (SSI 2017/435)
• Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017 (SSI 2017/461)

Again no comments and no questions and the committee makes no recommendations in relation to these instruments.

MSPs recommends that all three drafts are approved and they duly are.

• Regulation of Investigatory Powers (Covert Human Intelligence Sources - Code of Practice) (Scotland) Order 2018 [draft]
• Regulation of Investigatory Powers (Equipment Interference – Code of Practice) (Scotland) Order 2018 [draft]
• Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2018 [draft]

Justice Secretary Michael Matheson says two of the orders seek to implement a new code of practice and revoke the existing ones.

The order on equipment interference establishes a new code of practice following the creation of a statutory framework at UK level, he explains.

No questions are asked by committee members.

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Margaret Mitchell welcomes Justice Secretary Michael Matheson, Graeme Waugh and Lauri Mitchell from the Scottish government.

It turns out Lauri Mitchell is the committee convener's neice, who the Tory MSP says occassionaly texts, but never writes and never calls!

First though the committee will take evidence from the Justice Secretary Michael Matheson on the following subordinate legislation:

• Regulation of Investigatory Powers (Covert Human Intelligence Sources - Code of Practice) (Scotland) Order 2018 [draft]
• Regulation of Investigatory Powers (Equipment Interference – Code of Practice) (Scotland) Order 2018 [draft]
• Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2018 [draft]

Image source, PA

MSPs will then consider the following negative instruments:

• Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017 (SSI 2017/435)
• Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Relevant Third Party) Order 2017 (SSI 2017/461)

The Justice Committee, external will get underway shortly, with the headline evidence session featuring the new SPA chair Susan Deacon and Deputy Chief Constable designate Iain Livingstone.

The spotlight has been burning hot on the Scottish Police Authority and Police Scotland since Chief Constable Phil Gormley took leave last year, following allegations of gross misconduct against him.

Image source, Getty Images

Before that fascinating evidence session the committee will take evidence from the Justice Secretary Michael Matheson on investigatory powers subordinate legislation.

MSPs will then recieve a briefing on defamation from Scottish Law Commission chairman Lord Pentland and his colleague Graham McGlashan.

Read the committee papers here., external

Good morning and welcome to Holyrood Live on Tuesday 23 January 2018.

We begin this morning with the Justice Committee taking evidence from new SPA chair Susan Deacon and Deputy Chief Constable designate Iain Livingstone.

Image source, bbc

MSPs debate the Legislative Consent Motion for the EU Withdrawal Bill

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Finally SNP MSP Rona Mackay leads a debate condemning unpaid trial shifts.