disparagement

Disparagement is the act or practice of making statements that belittle or undervalue someone’s reputation, business, products, or property. It encompasses claims that harm economic interests, such as suggesting a product is inferior or that a title to property is defective. Disparagement can occur in everyday speech, advertising, or published materials and may be subject to legal remedies in some jurisdictions.

While related to defamation, disparagement is often treated as a distinct tort focused on economic harm rather than solely on reputation. Commercial or trade disparagement refers to false statements about the quality, ownership, or rights in goods or property intended to or likely to cause pecuniary loss to a competitor or another business. Some legal systems group disparagement with defamation; others maintain separate statutes or common-law causes of action.

Common elements in disparagement claims include publication to a third party, falsity, and proof of resulting or likely damages. Some jurisdictions also require intent or knowledge of falsity. Truthful or opinionated statements, or statements protected by free speech principles, are generally not actionable. Distinctions exist between disparagement of property (or title), trade libel, and product disparagement.

Examples include a statement that a rival’s product is unsafe and will cause consumer harm, or a false claim that a land title is invalid, causing buyers to refrain from purchasing. Remedies may include damages, injunctions, or retractions, depending on the jurisdiction.

See also: Defamation, Libel, Slander, Trade libel, Product disparagement, False statements.