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Defamation and Malicious Publication (Scotland) Act 2021

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23Statements criticising assets

This section has no associated Explanatory Notes

(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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