PART 2Malicious publication

Actionable types of malicious publication

I121Statements causing harm to business interests

1

A person (B) may bring proceedings under this section against another person (A) where—

a

A has—

i

made a false and malicious statement about B's business or business activities, and

ii

published the statement to a person other than B, and

b

the statement has caused (or is likely to cause) financial loss to B.

2

For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—

a

that the imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and

b

both—

i

that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and

ii

that A's publication of the statement was motivated by a malicious intention to cause harm to B's business or business activities.

I222Statements causing doubt as to title to property

1

A person (B) may bring proceedings under this section against another person (A) where—

a

A has—

i

made a false and malicious statement about B's title to land or other property, and

ii

published the statement to a person other than B, and

b

the statement has caused (or is likely to cause) financial loss to B.

2

For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—

a

that the imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and

b

both—

i

that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and

ii

that A's publication of the statement was motivated by a malicious intention to delay or jeopardise a transaction involving the land or other property of B.

I323Statements criticising assets

1

A person (B) may bring proceedings under this section against another person (A) where—

a

A has—

i

made a false and malicious statement criticising or denigrating the quality, condition, use or treatment of assets owned, possessed or controlled by B, and

ii

published the statement to a person other than B, and

b

the statement has caused (or is likely to cause) financial loss to B.

2

For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—

a

that the false imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and

b

both—

i

that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and

ii

that A's publication of the statement was motivated by a malicious intention to cause B financial loss.