Disparagement Law



What is Disparagement Law

Disparagement law violations may have the company or organization seeking litigation against the perpetrator of the disparaging statements. These statements generally contain the accurate truth about the business or organization, but they affect the profits and revenue that are incoming for the company or industry. Because of this, the law protects from the negative consequences that comments, feedback and other spoken or written information may cause.

The primary reason business disparagement is prevented through legal transactions is because the statements are often used to discourage others from doing business with an entity or in dealing with the owner due to his or her practices. The law governing disparagement with businesses are not specific and may include any activity of the company being dishonest, unethical, immoral or even incompetent with certain activity and transactions.

While a main goal of business disparagement law is to prevent any possible competition between two or more companies in being unfair, the law may be used against customers and clients as well. When the legislation is on the side of the business, there are specific elements and factors that must be proven for the litigation to have a successful outcome.

Disparagement with Businesses

Elements of commercial and business disparagement include false statements published in some format, a reasonable belief or intention to cause financial or economic harm to the company, a monetary loss or economic damages exist due to the information and the statements are made with no regard for the truth.

Many litigious actions are filed against an organization or individual when truthful statements are issued, but these suits transpire because the companyís profits are harmed in the process. In certain instances, the manager or owner of the business is hurt through attacks to his or her reputation due to negative practices and activity within the company to either animals or employees.

This means a greater role for lawyers is needed to protect environmental and animal protectors that are attempting to educate the public about the detrimental effects to the world that many of these food industry companies are causing.

Disparagement works to counter the ability to speak out about a company if the statements, feedback or reviews cause a negative impact on corporate profits and revenue streams from the items the company sells. In these specific cases, the subject resolves around meat, animal products, sugar and dairy consumables. Research has been conducted for decades on the long-term effect these products and edibles have on the human body. The accurate facts point to serious negative consequences when more than minimal amounts are consumed. It has been observed in laboratory mice that five percent of lactic proteins such as casein are harmful to the body. The research found that in amounts of twenty percent, this substance caused cancerous cells to increase and multiply.

The Research and Data Pushed Aside

Because companies are attempting to make profits and keep the money rolling in, research has been targeted that affects food industry businesses corporate profits and income. Any information from studies, researches, documentaries and similar items have been suppressed about the harmful effects that animal products, dairy consumables and sugar have on the body. The data collated over decades has determined that only a few years is needed for animal protein and dairy consumption affect the body towards obesity. These products and sugar combined lead to diabetes amongst United States citizens. Information about the dietary effects of plant proteins and edible plant foods to replace animal consumables has been pushed aside, actively suppressed and a campaign has been in effect to misinform the people of the country. It is believed that without animal protein in the personís diet, he or she may become sickly.

Several countries were studied through large sample sizes with populations across the globe. It was determined that a diet concentrated animal and dairy products leads to cancer in different areas of the body, heart conditions, cholesterol problems and weight issues. Persons are observed to have greater issues with fatigue, sluggishness and concentration. When coupled with mass amounts of sugar, the health conditions of the average person decline significantly. However, for those countries with diets of fish, rice, plants and grains, these same issues are nearly nonexistent based on percentage of the total versus each individual case discovered. All of this knowledge and gathered data is not available to the populace as a basic understanding of how food and the body work.

Animal Advocates

Research and experience in the wild has proven that certain animals are necessary for an ecosystem to function normally and to thrive. This means that specific predators such as wolves and coyotes are needed in these environments to bring in growing plants and vegetation, other herbivore animals and other predators. Animal advocates are criminalized when the public is educated that predators are bad in general. There have been numerous hunts initiated by government and officials throughout several countries against wolves, sharks and similar creatures. However, their role in the sensitive ecosystem is crucial for a thriving environment. They are necessary to a better planet.

Many of the problems that animal advocate face in light of keeping many animals protected is the use of agricultural farming with cows and other dairy providers. These big businesses are given laws and regulations protecting these practices when research has proven definitively that raising cows and other animals for protein and dairy consumables has led to crop destruction, torn down forests, the loss of rainforest space, massive consumption of water and other foods and an increase in protein based diets. Animal advocates attempt to explain and educate the American public about these dangerous activities, but they are criminalized due to disparagement laws, the Patriot Act and similar regulations.

Food Industry Attacks Against Citizens

When a person has become aware of how the food industry is leading the nation into greater decline of health because of an overabundance of food that should not be consumed, he or she is not permitted to speak up if his or her statements may harm the food industry companies. These businesses are provided the laws and rights to sue an individual if he or she causes an economic or financial harm to the organization in selling animal protein, dairy products and sugar edibles. Their voices are silenced and, in many instances, they are taken to court. Some laws are in place that criminalize this action which could lead to criminal charges being issued.

Banding together to form groups or organizations, individuals and the entirety of these assemblages are still attacked by the food industry if education is provided to the American public about the harmful effects of meat, dairy and sugar. They are able to use the Disparagement Law against the common person to sue for economic or financial damages caused by the information supplied. They also may place pressure on investors that back documentaries and individuals seeking to provide researched information to the populace which may cause a loss of funding for these projects. Other companies may seek litigation and attack someone specifically for these actions and drag him or her to the court room.

Disparagement in Effect

Some persons have been in the media about the treatment of cows and chickens in farms that are owned by corporations. This information sometimes causes panic, fear or terror in the hearts of the consumer that buys these products. With the assistance of the Disparagement Law, these companies are able to sue these individuals from television, news reports and other media.

One particular instance captured a guest on Oprah that explained these situations and how the conditions are terrible to the animals involved. He explained what dangerous foods are and how they affect the body. His details expounded on the beneficial effects and advantages of the meat-free and organic plant diet are for the human body. Shortly after the segment, he was sued by the food industry for his statements that caused fear of these processes and a negative impact on meat consumption for some businesses.

These same cases arise for others across the United States for those that speak out about how animal protein is not necessary in the human diet for someone to be healthy. While it is important to contact a healthcare professional before drastically changing a diet or stopping medicine, some health food experts have explained how many medications may be removed when other plants and grains are substituted in the nutrition regimen. These experts are able to continue these practices because they achieve results without negative aspects on the wellbeing of their patients, but they are not permitted to advertise such information if it will impact the food industry companiesí profits.

Civil Rights Disputes

Many disparagement laws affecting single individuals have been lifted when it affects reviews that are truthful for various businesses. The argument is that these regulations impede the ability for an American citizen to express his or her inherent right of free speech. Congress has lifted such bans, but disparagement still affects groups and persons that speak out about the food industry and how practices and behavior are harmful for the world and the human body. Civil rights disputes occur continually over these matters, but it has not stopped civil suits from being filed or successful claims of corporations and businesses against individuals and organizations that support meat-free, dairy-free and no refined sugar diets.

The Patriot Act and the Disparagement Law both condemn the free expression that targets businesses that farm animals, engage in negative treatment of these creates, perpetuate the diary and meat diet and when someone makes negative statements for these businesses. In order to fight back, it may be necessary to contact politicians and attempt to change legislation. While the Patriot Act is helpful against terrorists, United States citizens who are researching and sharing truthful information should not be targets of law enforcement for these acts as explained by some senators and representatives. In many cases, it is only with the assistance of a lawyer that these individuals are able to avoid paying damages in costly lawsuits.

Fighting Disparagement

The Disparagement Law affects many persons negatively and actively seeks to silence the truth about companies. Provided the information is accurate, education about various practices, behavior and activities is important for the individual and the country as a whole. One benefit of these lawsuits is that the plaintiff must prove that there was a financial or economic harm caused through the statements of the group or person. Other suits must provide evidence that the owner or manager of the companyís reputation was damaged. Because the reputation and respect of these persons is abstract in concept, this is difficult to prove in court. An experienced lawyer in disparagement may be able to assist in tearing down the opposition in these claims.

Other claims may be for defamation when the statements were true and not targeting the company or owner specifically but the entire industry because of how the food causes harm to the body both in short-term and long-term effects. If the case includes claims that are not substantiated, it is possible to have the case thrown out. However, for those instances where the individual or group is targeted for disparagement, an experienced lawyer is needed that understands the food industry, what disparagement means and effective defensive strategies against these situations. The ability to fight back against these crimes is important for the individual. In some claims, it may be important to hire an expert witness to explain the specifics about the case and how the person has been attacked due to his or her truthful information supplied. Additionally, the lawyer may assist in striking down the claim if it cannot be determined a financial impact occurred.

Copyright HG.org

Related Topics

  • Animal Abuse and Other Crimes

    Animal abuse is criminal in certain instances. There is a connection between the abuse committed to an animal and other crimes being perpetuated by the same individuals. It is important to seek protections for these creatures to the best of the ability by animal advocates even in the light that predators may be targeted for aggressive actions against humans. Other creatures should be protected due to the negative effect humans have on the ecosystem that leads to extinct and endangered species.

  • Do Animals Have Rights?

    Many individuals in the United States and other countries do not believe that animals have rights. However, there are many who take the responsibility of protecting these creatures on their shoulders. Animal rights activists explain that these creatures should be protected from various issues, problems and complications. They are not able to safeguard their own habitat, and it falls on the human to do so for them. This means that the basic needs of animals may not be met without assistance.

  • What is the Difference Between a Human Right and a Civil Right?

    Knowing the difference between human rights and civil rights is important. This may prevent many lawsuits, problems and complications from transpiring. The differences may show a similarity in the two concepts, but some are protected as a right through a country. Human rights are fundamental and should be afforded to every person on the planet. Civil rights are granted based on the country of origin and may be greater or lesser based on the location.

Articles




Find a Lawyer

Find a Local Lawyer