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The UK is not a single jurisdiction. Scotland has a separate legal system from England and Wales, based on different principles; while most legislation has run
by cstross 16y ago
The UK is not a single jurisdiction. Scotland has a separate legal system from England and Wales, based on different principles; while most legislation has run in parallel since the Act of Union, English libel law doesn't apply in Scotland -- instead we have a defamation law:
"Under English law ... In the case of libel (the recorded statement), the victim can win damages even if he has not suffered financial loss as a result of the statement ... In a Scottish action, it is necessary to show that some harm has been caused" (Source: http://www.out-law.com/page-5624 http://www.out-law.com/page-5624 -- my emphasis).
This is good news for me personally because my blog sits on a colo box in Scotland. (And when was the last time you heard of a libel tourist suing someone in a Scottish court? Riiight ...)
- epo 16y agoThe principal difference in this regard is that Scotland makes no distinction between the two forms of defamation that the English call libel ('written') and slander ('spoken'). The money is in libel.