He said he was worried about "vexatious litigants" using the bill to target churches.
In fact, few applications are purely vexatious and the clause has the effect of killing genuine applications too.
It is clear that the vexatious complaints will continue and dominate the headlines as long as I remain Labour's Scottish parliamentary leader.
"We don't just want, by making everything available, to allow ourselves to be subject to open season of malicious and vexatious attacks, " he added.
"Anyone with any common sense could have seen there was no basis to this case, from a serial complainer well versed in making malicious and vexatious complaints, " he said.
As a result 45% of firms felt the system was ineffective, with half of all firms saying they had been faced with more claims that were either weak or vexatious.
As anyone who has ever organised an event knows, one of the most vexatious problems is knowing how many people are going to sign up and, importantly, actually come along.
During report stage of the Children, Schools and Families Bill on 23 February 2010, Schools Minister Vernon Coaker said vexatious and frivolous complaints about the pupil and parent guarantees (PPGs) would not have to be investigated by the watchdog.
If a small number of FOIA requests had been dealt with properly early on, it seems possible that the large number of requests last year (over 100) might have been averted, or could, perhaps, have been rejected as vexatious.
All the usual rules about copyright and libel still exist online (indeed, I know two bloggers who have been sued for libel in the English courts although that was a rather vexatious case rather than they really had libelled someone) and yes, all the usual stuff about incitement to violence, racial insult and so on still applies.
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