What Is Considered Defamation Under the Law?
The legislator has anchored an explicit prohibition in law against publishing defamatory content in order to protect a person’s dignity. Defamation is defined as any content published against a person, company, or organization with the aim of disparaging them. That said, it is important to distinguish between defamation and legitimate criticism or expression of opinion.
The law defines as defamatory content publications whose purpose is:
- To disparage a person or to make them an object of ridicule.
- To harm a person’s occupation, profession, or position.
- To humiliate a person on the basis of origin, religion, gender, or sexual orientation.
Choosing the Legal Track: Civil or Criminal Proceeding?
When defamatory material has been published against you, the decision arises whether to take legal action. There are two main tracks, each with different characteristics in terms of evidence and penalties:
Track One: Civil Legal Proceeding
This is the most common track. In a civil defamation proceeding, the injured party is not required to prove actual damage in order to receive compensation (up to a certain amount set by law). You only need to prove the fact of publication and that it constitutes defamation.
The amount of compensation sought determines which court the claim will be filed in: small claims, magistrates’ court, or district court. In most cases, the judge will propose that the parties turn to mediation at the start of the proceeding. If mediation fails, the claim will continue until a decision is reached based on evidence and testimony.
Track Two: Criminal Legal Proceeding
Although criminal proceedings are generally conducted by the State, the law allows the injured party to file a “private criminal complaint” independently. The complaint is filed with the magistrates’ court. If the prosecution decides to intervene, it may take over the conduct of the proceeding itself. The penalties on this track are more severe and may include heavy fines and even imprisonment.
Professional Guidance from a Defamation Attorney
On both tracks, the law affords you the right to professional guidance. Adv. Miriam Kanaan-Masalha, head of the Labor Law and Defamation department at our firm, brings extensive experience managing reputation crises.
Adv. Kanaan-Masalha’s expertise enables her to identify the right strategy for each case – from sending a pre-suit demand letter to determined representation in court. Professional guidance significantly increases your chances of having the offending publication removed and obtaining appropriate compensation.
Why Choose Vaknin Yariv Law Office to Manage a Defamation Claim?
- Experience in sensitive files: handling with full discretion the cases of public figures, business owners, and private individuals.
- A winning combination: deep understanding of both labor law and defamation, particularly relevant when the harm occurs in an employment context.
Has your good name been harmed? Don’t stay silent. A properly conducted defamation claim can restore your dignity. Contact our defamation department at our offices in Afula or Bnei Brak (B.S.R 4). Leave your details on the site or call now: 052-2288824.
