ABSTRACT
The tort of defamation exists to afford redress for unjustified injury to reputation. People have been fascinated by high-profile defamation cases, and tabloid journalism has been thriving on libel actions – as well as being regularly sued by the rich and famous. The law of defamation is at times concerned with conflicting issues of great sensitivity, involving both the protection of good reputation and the maintenance of the principle of free speech. Defamation is the generic term for two torts, libel and slander, and occurs when a person communicates material to a third party, in words or any other form, containing an untrue imputation against the reputation of a claimant. Many people tend to think of defamation law in connection with someone’s conduct or character in their personal life, the focus being on individual litigants. Scotland’s defamation laws have remained largely untouched since 1996.
