Defamation Law
1. Is the report considered defamatory? Product disparagement? Why or why not?
The report was in no way defamatory, nor a disparagement. Pink Slime is a commonly used term used to refer to lean finely textured beef which is mainly used as a food additive to beef meat. Manufactures of pink slime aim at reducing the fat content of ground beef. However, most people perceive beef trimmings to be used for dog food. The company felt the negative impact of the term pink slime because it had already begun losing customers due to the diminished quality of their products prior to the news item. After the news article, the rate of client loss heightened leading to the company’s distress.
2. Please provide a definition of defamation and apply the case to all elements of defamation to form the basis for your answer.
Defamation is giving a false statement intended to tarnish the image and reputation of an individual, a company, or a business (Kenyon, 2013).
Elements of Defamation
• Defamatory statement; the statement Pink slime was used by ABC news to expose the company to the public. Instead of using ground beef that consumers of hamburgers really value, the company used pink slime which is of much lower value than the consumer expectations.
• Publication requirement; ABC’s reporters used the term pink slime in the news article which led to the company taking action against the media company.
• Meaning of the statement; the term pink slime is commonly used to refer to beef trimmings that have been reaped off the fat content.
3. Why do we have defamation laws in this country?
The defamatory law is put in place to protect people from reputational damage based on false allegations.
4. Is it federal or state law?
Defamation is protected under state law. there are no criminal defamation cases at the federal level.
Reference
Kenyon, A. (2013). Defamation: Comparative law and practice. UCL Press.
