PART 2Malicious publication

Actionable types of malicious publication

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.