The line between expressing an opinion and harming a good name often appears thin and blurred. In today’s digital reality, we encounter every day people who publish content against others. Despite the similarity, the law makes a clear distinction between legitimate criticism and the publication of defamation. While criticism is an essential tool in a democracy, defamation is an offense that gives rise to heavy damage. In this article we explain how to distinguish between the two.
When Is a Publication Considered Defamation?
Freedom of expression does not grant the citizen the right to harm the dignity of others without justification. The law provides that publishing defamation exposes the publisher to legal proceedings on the part of the injured party. Generally, any content that a person publishes to a distribution of at least one person, with the purpose of disparaging or humiliating another person, is considered defamation.
Defamation includes publications that disparage a person on grounds of:
- Origin, religion, gender, or age.
- Sexual orientation or physical and mental condition.
- Occupation, profession, or position.
Even an attempt to make a person a target of hatred or ridicule is considered an offense under the Defamation Prohibition Law.
When Is It Legitimate Criticism?
When a publication does not include attempts at personal disparagement or humiliation, the law may regard it as legitimate criticism. Voicing criticism is an important tool in a democratic society. It helps citizens receive relevant information and assists organizations in improving and becoming more efficient.
Legitimate criticism includes the following parameters:
- Substantive discourse: the writer focuses on actions or omissions and not on personality.
- Respectful language: the writer refrains from extremely offensive expressions.
- Public interest: the publication points out shortcomings whose purpose is to inform the public.
What Can Be Done in the Case of Harm to a Good Name?
If a person published legitimate criticism against you, you can either ignore it or respond on the merits. By contrast, when a person hurls defamatory statements at you, the law grants you legal tools:
- Civil compensation claim: you demand from the publisher a monetary payment for the damage caused to your reputation.
- Private criminal complaint: you conduct a private criminal proceeding against the publisher in serious cases.
Does the Law Require You to Prove Financial Damage?
Many are surprised to learn that the law does not require proof of actual damage in such claims. While professionals sometimes present financial damage, the law recognizes the very harm to dignity as a cause for compensation. The compensation amount without proof of damage is limited by the cap set in law, but it constitutes a significant deterrent tool.
Avoid Publishing Defamatory Statements
Before you upload an angry post about poor service, observe the following rules:
- Write in a substantive manner and do not attack the person himself or herself.
- Use proper and respectful language.
- Make sure that the facts in your publication are correct (“truth in publication” defense).
Please note: the content on this site is for enrichment purposes only. The information does not constitute binding legal advice and does not replace a personal consultation with an attorney.
Has your good name been harmed online or in the media? Don’t remain unprotected. Vaknin Yariv Law Office specializes in managing reputation crises. Contact us to schedule a consultation at our offices in Afula or Bnei Brak (B.S.R 4). Leave your details on the site or call now: 052-2288824.
