ONLINE trolls would be free to blacken the reputations of doctors, police officers and politicians with impunity under controversial plans to overhaul Scottish defamation laws, leading lawyers have warned.

The Faculty of Advocates has raised fears that proposals to modernise the law of defamation have left “a significant gap” in dealing with online character attacks.

It warns that the amendments fail to adequately deal with the actions of “secondary publishers” – those who are not the author, editor or publisher of the statement complained of but who make it available online.

The Scottish Law Commission, which advises the government on law reform, is consulting on a draft Bill to modernise defamation laws in Scotland following major reform in England and Wales in 2013.

The faculty said it was also concerned the wording of the Bill could exclude doctors, nurses, emergency services workers and politicians from seeking legal redress if they are defamed.

It noted a principle laid down in an English case – that a government body would be unable to sue for defamation – had been extended to cover an individual “if the person’s functions include functions of a public nature”.

They claim this would mean public servants would have little protections against being defamed online.

In their submission, the Faculty said: “Take, for example, an MSP who wishes to raise proceedings in defamation. Are they excluded and, if so, to what extent?

“What about an employee of such an MSP? Is a doctor whose role extends to assisting in the running of a health board precluded from bringing proceedings? In our opinion, thought should be given to defining public authorities more tightly.

“Online communication, often on hosted websites, is an increasingly common aspect of defamation litigation. That is a trend that is likely to accelerate.”

Scotland’s defamation law is being overhauled to make it “fit for the internet age”.

A major review of legislation has been launched amid concerns the country’s failure to match English libel reform is impacting on free speech.

The Scottish Law Commission, which advises Holyrood on legislative reform, will look at laws drafted decades before the rise of Twitter, Facebook and mass electronic publication.

Scotland has failed to follow reforms in England and Wales, much of which came in to force last year.

This legislation introduced a test of “substantial harm” designed to limit the exposure of publishers to defamation – and provided a new public interest defence for whistleblowers.

It was also designed to end “libel tourism” which had seen Russian oligarchs and Indian magnates sue in London courts, claiming the internet meant publication was global.

The internet, and in particular social media, means that defamatory statements published in England, for example, could almost certainly be deemed to have been published in Scotland.

So somebody who believes they have been defamed online – in, for example, the electronic version of a newspaper, story can now choose where to sue.

Scottish Labour’s Justice spokeswoman Claire Baker MSP said: “This is a warning from Scotland’s top lawyers which must be listened to.

“Online abuse and defamation is sadly a regular occurrence and any legislation that can be effective and help deter people from engaging in such behaviour should be seriously considered.”

A Scottish Government spokeswoman said: “This government strongly condemns all types of abusive behaviour – whether it be online or in person – and encourages any efforts to promote respect and tolerance in all aspect of Scottish society.”