ABSTRACT
A downloadable sound file of bullet points highlighting some key differences in the media law of Scotland and Northern Ireland. 9.0 podcast downloadable https://soundcloud.com/ comparativemedialaw/chapter-9-bullet-points-uk
When there was political and constitutional union between Scotland and England in 1707 it did not include a fusion of the countries’ legal systems. Consequently the fact there has been a separate jurisdiction in Scotland for many centuries means that there are many differences in ritual, structure, court practice and traditions. Scottish law is much more heavily inf luenced by the Roman civil law doctrine. The BBC’s College of Journalism has an excellent online summary of the structural differences:
The Human Rights Act 1998 is probably the most cohesive framework of legislation establishing parity between England and Wales and Scotland. For example it might be argued that it had the effect of making the application of media contempt law in Scotland less severe by directing the Scottish judges to balance Article 10 freedom of expression with Article 6, the right to fair trial.
