Defamation, The Media and Article 8

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English defamation law has become more protective since the Defamation Act 2013. But not all of the new case law is going the media’s way. Now Scotland has the Defamation and Malicious Publication (Scotland) Act 2021. What can we learn from the southern experience and what’s likely to happen up here?

In the meantime, English claimants are turning to privacy-based causes of action against the media and damages are rising. How does Article 8 protect reputation and how does Article 10 fare against it?

In the febrile landscape of media flux, law reform and public figures under pressure, what will the next big Scottish media case look like?