PART 2Malicious publication
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.