Under consideration PE2259: Create a criminal offence for targeted online character assassination and unnamed slander campaigns

Background information

Under current Scots law, victims of targeted online character assassination face a severe statutory gap. Law enforcement routinely deems provisions like Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (the offence of threatening or abusive behaviour) inapplicable unless explicit physical threats or legal names are used.

Perpetrators exploit this threshold by using subtext, proxy references, and contextual hints. In close-knit Scottish communities, these "unnamed" campaigns spread rapidly. While police may take no action due to the lack of a named victim, local residents often instantly identify the target. This may result in social ostracization, job loss, business collapse, and mental trauma—yet perpetrators operate with impunity. Classifying digital smear campaigns as "civil matters" creates an unequal system of justice, as civil court litigation is unviable for ordinary citizens and legal aid is unavailable. Scots law must criminalise targeted digital abuse based on intent and severe real-world harm.