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Defamation and Malicious Publication (Scotland) Act 2021

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This is the original version (as it was originally enacted).

Actionable types of malicious publication

21Statements 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.

22Statements 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.

23Statements 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.

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