Defamation
Defamation (slander) originates in Jewish law. Prohibition against defamation is one of the “negative commandments” among the 613 commandments of Jewish law. The basis for this is found in Leviticus (Chapter 19, Verse 16) in the phrase, “Do not go about as a talebearer among your people“. Defamation can be sued in small claims court, but some cases exceed the small claims court limit.
This prohibition was enshrined in Israeli law under Section 1 of the Defamation Law, 5725-1965, which provides a broad definition of expressions that may be considered defamatory.
Understanding Defamation: What Qualifies?
Defamation (slander) involves humiliating or degrading expressions. It can incite hatred, contempt, or ridicule. It may damage one’s occupation. Also, disparaging based on race, origin, religion, age, or sexual orientation. Any such potential harm constitutes defamation.
Publication of Defamation: Key Requirements
Section 2 requires “publication of defamation.” This means statements must be disseminated. It’s not limited to news or billboards. An expression is published if others could perceive it.
Examples of Publication: When Is It Defamation?
A private two-person conversation is not defamation. Only those two heard it. But, shouting defamation from a window can be. A third party, like a neighbor, might overhear. This establishes defamation.
Can Defamation Occur Only in Writing or Verbally?
No. Section 2 of the Law lists a very broad range of circumstances that constitute “publication” as the dissemination of defamation. This includes: writing, verbal statements, conduct, drawings, images, movement, sound, and other means.
My Reputation Has Been Defamed—What Can I Claim from the Court?
Defamation Lawsuit: Understanding Damages
A. Damages
You can claim damages without proof of harm. This is up to NIS 50,000 per publication. If intent to harm is proven, claim double damages.
Alternatively, claim damages with proof of harm. There’s no limit on the amount. The statutory cap simplifies things. But you can waive this and prove actual harm.
For example: Yitzhak’s pizzeria suffers from defamation. His income drops by NIS 200,000. He also has NIS 50,000 in emotional distress and medical costs. Yitzhak can claim NIS 250,000 in a “regular” damages claim. He will prove his pecuniary and non-pecuniary losses.
B. Additional Remedies
The court can order a correction or denial. This restores your good name. It might also order publishing the judgment. Many prioritize name restoration over money. A large public notice helps more than just cash.
An interim order can be issued. This happens if the defendant admits defamation. The court can order correction before judgment.
Deletion of defamatory content is another option. This applies to all publication platforms, like Facebook. The defendant must delete the publication.
The court can also issue a prohibition or confiscation order. This prevents further dissemination of defamatory copies.
These are the prominent remedies in the Law. Pursuant to Section 9 of the Law, the court is also empowered to grant any other relevant remedy.
Locating Defendant’s Details by ID and/or Company Name
After filing, the court clerk serves the writ. This ensures the correct defendant can respond. The judiciary requires three key details in the writ. This prevents errors and enables proper service.
Read more in the article: Locating Defendant’s Details by ID and/or Locating Company Details.
Can a Small Claims Lawsuit Be Filed for Defamation?
Defamation Lawsuit: Small Claims Court?
Yes, often it’s advisable. Small Claims Court awards up to NIS 38,900 (Jan 2023). It offers many advantages beyond this limit.
Benefits of Small Claims for Defamation
Fees are lower than “regular” courts. You save lawyer costs, as parties are unrepresented. Procedures are simpler, evidence rules relaxed. The process is much quicker. Many prefer small claims despite the limit. There are two main reasons:
- They want a faster, cheaper resolution.
- The case is clear but not severe.
When to Choose Small Claims
For clear, simple cases like WhatsApp group defamation, it’s ideal. If damages likely won’t hit the NIS 50,000 statutory cap, “give up” that sum. Opt for a faster, cheaper process instead.
For more information on small claims lawsuits for defamation.
Can a Limited Company or Non-Profit Organization File a Defamation Lawsuit?
Yes. Section 1 of the Law defines “defamation” while using the term “person” (“a matter whose publication is likely to humiliate a person in the eyes of the public….”). However, later in the section, it is explained that for this purpose, person = individual or corporation. A limited company is a corporation, and therefore the section applies to it and to other types of corporations, for example: a non-profit organization, a regular company (not a limited company), a partnership, a cooperative, an Ottoman association, a statutory corporation (a corporation established by law).
Can a Court Order a Defendant to Apologize?
According to the prevailing view today—no. Courts are divided on the ability to compel a person to apologize for things they said. This is because an apology is a matter of “the heart”; and as such, it must come voluntarily and wholeheartedly. In addition, the Law has taken care to detail the range of remedies that a plaintiff can request in a defamation lawsuit. As a deliberate negative arrangement, it did not establish apology as one of the remedies. That is to say: if the legislator had wanted such a remedy, he would have explicitly stipulated it. In any case, it should be noted again that the court may order the defendant to publish a correction and denial of the defamatory statements. This is almost the same as publishing an apology (and even stronger), only without the emotional component.
Is a Lie Defamation?
Not necessarily. Imagine that it was published about you on Facebook that you are the world champion in chess. When the truth is that you have at most won a game against a friend from high school in backgammon. So, it is true that a false publication was disseminated about you. But it probably does not have the potential for humiliation or degradation that could harm your reputation. Therefore, this is not defamatory publication.
Are Curses and Insults Defamation?
It depends. The courts have repeatedly ruled that, unfortunately, curses and insults have become commonplace in Israeli discourse. Therefore, not every curse or insult—even harsh ones—will establish a cause of action under the Law. The question that the victim should ask himself is whether there is a potential—real and objective—that the circumstances of such publications will indeed harm their reputation. Even if the answer is “yes,” the victim should ask himself: is there a real justification for burdening the judicial system for these circumstances. Most of the time, the answer will be no.
Someone Sent Me a Private Humiliating and Insulting Message; Is There a Cause of Action Under the Defamation Law?
If only you received the message and, according to the circumstances, no one else besides you will see it—no. After all, the full name of the tort is “publication of defamation”. So, where the message was sent only to the victim, the element of publication is not met; it requires that the humiliating statement reach (by force or in fact) someone other than the victim.
Defamation Published in a WhatsApp Group; Is There a Cause of Action Under the Defamation Law?
If the WhatsApp group contains only two people (the victim and another person)—no. If the WhatsApp group contains additional people—yes. Usually, WhatsApp groups have more than two participants. In this situation, a defamatory message in a WhatsApp group constitutes a tort. This is because a person other than the victim was exposed to the message.
Can Sharing a Facebook Post Constitute Publication of Defamation? Can the Sharer Be Sued?
Yes and yes. Until recently, the views in the case law were divided. There was mainly uncertainty about whether to impose tort liability on a person who did not write the defamatory statements but only shared them. In January 2020, the Supreme Court ruled unequivocally: “sharing” (share) a Facebook post meets the element of publication. This is an independent factual act of publication (the act of clicking the share button itself). So, if the post contains “defamation” as defined in the Law = the tort of publication of defamation. Thus, both the person who wrote the defamatory post and the person who shared it can be sued.
Does Filing a False Police Complaint Establish a Cause of Action?
In principle—yes, but the courts are reluctant to accede to such claims. This is out of fear of creating a chilling effect that would deter complainants from filing complaints with the police because they fear that inaccuracies will expose them to a lawsuit.
It is important to note: in recent years, the discourse calling for the eradication of the phenomenon of false complaints has expanded. The source of this is the field of family law (usually about violence or threats or sexual harassment). Many spouses who are going through a divorce use the filing of the complaint as a tool to strike the other spouse, in order to improve their status in the marital dispute. The discourse arose not only because of the injustice done to the party against whom they complained; but also because this creates a “wolf, wolf” effect. This effect leads to contempt or suspicion of genuine complaints from victims who really need protection.
Does Defamatory Publication During Legal Proceedings Establish a Cause of Action?
As a rule, no. Section 13(5) of the Law states: as a general rule, statements disseminated during legal proceedings by a party, judicial authority, legal counsel (lawyer) or witness, will not establish a cause of action.
Defamation Immunity in Legal Proceedings
“During legal proceedings” includes all stages. This covers pleadings, requests, and hearings. Defamation doesn’t need to be spoken in court. Immunity also applies to published documents.
Rationale for Immunity: Smooth Litigation
The goal is to allow smooth litigation. Otherwise, every word could risk a lawsuit. Proceedings would then be severely hampered.
Illustrative Examples: When Immunity Applies
Example: A defense statement calls the plaintiff a murderer. Even if false, it’s not defamation. Another example: A social worker lies in a divorce report. A defamation lawsuit cannot be filed against her.
Can a Defamation Lawsuit Be Filed Against Someone Who Has Passed Away?
Yes, under two conditions: 1. The defamation was published while the deceased was alive; 2. The deceased’s heirs filed the lawsuit within 6 months of the death.
How Much Time Is There to File a Defamation Lawsuit (Is There a Statute of Limitations)?
The statute of limitations for a civil lawsuit for publication of defamation is as stipulated in the Limitations Law:
Statute of Limitations: Understanding the Basics
Generally, file within 7 years of publication. The Limitations Law lists exceptions. These sometimes extend the period.
Legal Delay: Impact on Your Claim
Civil law avoids “delay.” A claim may not be time-barred. But it can suffer significant delay. In rare cases, a claim can be dismissed on this. Why? Memory fades, evidence is lost. It is harder for defendants to defend themselves.
Timely Action: Why Prompt Filing Matters
Civil law encourages prompt action. It provides a “delay” tool. This supplements the statute of limitations. File your civil lawsuit quickly. Do so after the events occur.
Can a Class Action Lawsuit Be Filed for Defamation?
No. The Class Actions Law stipulates that class action lawsuits can only be filed according to a closed list of causes of action in the second appendix to the Law. The Defamation Law is not included in the aforementioned list, and therefore a class action cannot be filed under it.
Defamation Lawsuits: Groups vs. Individuals
Can you sue for defamation against a group? No. Section 4 states no lawsuits against groups or the public. For example, no civil suit for racist posts about Jews.
Criminal Defamation: When Is It Possible?
Criminal proceedings are rare. The Attorney General can authorize indictments for group defamation. This means criminal charges are possible. However, such cases are uncommon.
Private Criminal Proceedings: Defamation Complaints
Can criminal proceedings be initiated? Yes. Section 6 states defamation to two or more is a crime. Typically, state bodies initiate these. But the Defamation Law allows private complaints. This is rare and extreme. Courts seldom allow it.
