Abstract
Examines, with reference to European developments and the present state of Scots law, the rationale for the adoption of legislation in Scotland to prevent strategic lawsuits against public participation (SLAPPs), including to enhance human rights protections. Considers the barriers to the adoption of such legislation and explores the key features of effective anti-SLAPP provisions. Offers recommendations for the content of a Scots anti-SLAPP law.
Legislation cited
European Convention on Human Rights 1950 art.6
Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings
Defamation and Malicious Publication (Scotland) Act 2021 (asp 10)
Defamation Act 2013 (c.26)
Legislation cited
European Convention on Human Rights 1950 art.6
Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings
Defamation and Malicious Publication (Scotland) Act 2021 (asp 10)
Defamation Act 2013 (c.26)
| Original language | English |
|---|---|
| Pages (from-to) | 159-178 |
| Number of pages | 20 |
| Journal | Juridical Review |
| Volume | 2024 |
| Issue number | 3 |
| Publication status | Published - 17 Sept 2024 |
Keywords
- SLAPPs
- Freedom of Expression
- Human Rights
- Scots law
- Constitutional Law