{
  "url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021/section-23",
  "json_url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021/section-23.json",
  "legislation": "asp/2021/10",
  "legislation_title": "Defamation and Malicious Publication (Scotland) Act 2021",
  "legislation_url": "https://openlegislation.uk/defamation-and-malicious-publication-scotland-act-2021",
  "path": "section/23",
  "kind": "section",
  "number": "23",
  "heading": "Statements criticising assets",
  "text": "(1) A person (B) may bring proceedings under this section against another person (A) where—\n(a) A has—\n(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\n(ii) published the statement to a person other than B, and\n(b) the statement has caused (or is likely to cause) financial loss to B.\n(2) For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—\n(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\n(b) both—\n(i) that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and\n(ii) that A's publication of the statement was motivated by a malicious intention to cause B financial loss.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 23 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2021/10/section/23",
    "retrieved_at": "2026-10-29T20:12:34.201134+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}