I take this opportunity to thank the Scottish Law Commission for all its work on the bill. I also pay tribute to the members of the Justice Committee for all their scrutiny of the bill to ensure that defamation law in Scotland is fit for the 21st century.

As all members have said this afternoon, it is important that, with the legislation, we strike the proper balance between the freedom of expression and the protection of one’s reputation, which has not always been the case in Scotland’s defamation Laws.

By modernising defamation law and including it in statute, rather than relying on common law, we ensure that the law is accessible and that the requirements on individual speech with regard to defamation are made clear. However, by including the definition of defamation in statute, we must ensure that the ability of the courts to develop law through case law is not stifled. Of course, in this digital age, with more and more publications online, technology and communication methods will continue to evolve; so, too, must defamation law, to ensure that it remains fit for purpose. I welcome the Scottish Government’s assurances that it will address that, and welcome the other changes that the Minister has made to address other concerns and issues throughout the bill’s passage.

I am aware that there has been much discussion during the bill’s passage about the introduction of the serious harm test, which is a significant change to the current Scots law on defamation, but one that is similar to the legislative change that was made through the Defamation Act 2013 in England and Wales. As I said, we need to ensure that we strike the proper balance between freedom of expression and the protection of one’s reputation. As it stands, current defamation law can have a chilling effect on media scrutiny and freedom of speech, as those with sufficient resources can bring vexatious cases and make litigation threats. We need to prevent vexatious cases being brought, but I recognise the concern that the serious harm test takes us past that point. The amendments lodged by Andy Wightman to counteract the chilling effect were unsuccessful. I state for the record that Scottish Labour supported those amendments.

The legislation also codifies the Derbyshire principle, whereby public bodies cannot bring defamation actions. I noted that, at stage 2, further clarity was added to the bill on what bodies would be caught under the definition of a public authority. However, Scottish Labour believes that that did not go far enough and is disappointed that the proposals to include private and charitable organisations that deliver public services in the Derbyshire principle were not supported by the Government or the Justice Committee. In such cases, it is vital that the public interest defence be rigorously applied, to ensure that that does not add to the chilling effect in relation to discussions about or criticism of public activities being administered by private bodies.

Scottish Labour also believes that actions available to the courts prior to a case being decided must be proportionate. We supported Fulton MacGregor’s amendments, which removed the powers afforded by the bill for courts to order that material subject to legal proceedings be removed. That will instead be replaced with the ability to attach a prominent notice to such materials or publications identifying that they are subject to legal action.

The bill is necessary to modernise Scotland’s defamation laws and make them fit for purpose. The bill can also rebalance the law to limit the chilling effect and promote freedom of expression. Scottish Labour can and will support the bill at decision time.