Defamation and Malicious Publication (Scotland) Act 2021

21Statements causing harm to business interests

This adran has no associated Nodiadau Esboniadol

(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.