You woke up in the morning and opened your phone, only to discover an offensive publication mocking you on social media. Know that you are not alone in this situation. In the digital age, online defamation has become a very common phenomenon. Thousands of Israelis suffer serious reputational harm every year. Nevertheless, the law provides you with tools to protect your good name. You can receive compensation for the damage caused to you. The following guide will explain your rights and the most up-to-date case law.
The Internet Has Become a Central Arena for Defamation
The internet has evolved significantly since the 1990s. Today, social networks constitute the modern “town square.” Every person can express themselves there with great freedom. However, it is very easy to harm others in the virtual space. Platforms like Facebook and WhatsApp enable rapid dissemination of information. The information reaches hundreds of thousands of people within seconds. A statement that was once made in private can now go viral. It can destroy a reputation built over many years.
Justice Rivlin described this well in the Rami Mor judgment. He defined social networks as a central arena for opinions. Unlike a physical square, the things written online remain forever. They also spread at the speed of light and reach a vast audience.
What Is Defamation? The Legal Definition
Not every piece of content that users publish against you is considered defamation. The Defamation Prohibition Law (1965) defines a prohibited publication. A publication is considered defamation if it is liable to:
- Humiliate a person in the eyes of others or disparage them.
- Make a person a target of hatred or ridicule.
- Disparage a person on account of acts attributed to them.
- Harm a person’s office, business, or profession.
- Disparage a person on the basis of origin, religion, or gender.
It is important to emphasize one central point. Defamation is not only a false statement. Even publishing true facts may be considered defamation. This is the case if the intent was to disparage you. You may have a cause of action even for a “true” publication.
The New Case Law: Sharing a Post Is Defamation (LCA 1239/19)
The Shaul v. Nidaily Communications judgment (LCA 1239/19) changed the rules. The case dealt with liability for sharing an offensive post. The court examined whether the sharer is responsible for someone else’s content.
These are the central determinations in the judgment:
- Sharing: the justices held that sharing constitutes a defamatory publication. The act of sharing creates a new “copy” of the original publication. The sharer disseminates the material to their own new followers. For this reason, the sharer bears full legal responsibility.
- Liking: the act of liking is not considered a prohibited publication. The justices view a like as a mere expression of position. There is no active repetition of the defamatory statements.
The court emphasized that sharing contributes to the virality of the publication. The sharer significantly increases the harm caused to the injured party.
The Balances and Defenses in the Law
The justices also addressed the importance of freedom of expression online. Therefore, sharers can rely on the traditional defenses of the law:
- Good faith defense: the sharer truly believed the content was true. Moreover, there was a legitimate public interest in sharing.
- Fair expression of opinion: the sharer added a comment that constitutes legitimate criticism.
- Social duty: the sharing was done to expose a serious social wrong.
Real Test Cases from the Courts
We will examine concrete cases to understand the law in practice:
Case 1: Shaming a Police Officer (Small Claim 34895-04-19) A truck driver published a false video on Facebook against a police officer (Small Claim 34895-04-19). The video portrayed the officer as a violent and aggressive person. The court found that the video was not credible at all. The driver lied about the precise circumstances of the incident. The result was that the driver was ordered to pay significant compensation to the officer. The justices held that the “truth in publication” defense did not apply.
Case 2: Publication in a Difficult Mental State (Family Case 11171-09-15) The defendant published harsh defamatory statements on social media (Family Case 11171-09-15). The Family Court examined her mental state. Due to her mental state, the judge decided not to award damages. However, this case represents a one-off defense only.
Case 3: Image Without Identification (Small Claim 7353-05-19) The defendant published an image of a lower body section (Small Claim 7353-05-19). The plaintiff argued that the publication constituted defamation against her. The court rejected the claim with a clear reasoning: the image could not be objectively attributed to her. Without identification, there is no legal cause of action.
What Do You Do When Your Good Name Has Been Harmed?
If users have published defamatory content against you, act as follows:
Step 1: Immediate documentation of the publication – quickly take a screenshot of the post. Make sure the screenshot includes the publisher’s exact name. Document the date and time of the offensive publication. Also save the full URL of the page. Do this immediately, before the publisher deletes everything.
Step 2: Direct contact with the publisher – send the publisher a private message or a demand letter. Demand that they remove the publication immediately. In addition, demand a public apology and a commitment to correct the wrong. Sometimes a letter from an attorney resolves this quickly.
Step 3: Demand from the platform to remove the content – approach the management of Facebook or Google as needed. Demand removal in accordance with the accepted “notice and takedown” procedure. The platforms are required to remove defamatory content following a complaint.
Step 4: Initiating legal proceedings – two main legal tracks are available to you:
- A. Private criminal complaint: the citizen files a complaint with the magistrates’ court. This procedure can lead to a criminal conviction of the publisher. The penalties include fines or suspended imprisonment.
- B. Filing a civil claim: the main objective is to receive appropriate financial compensation. The major advantage is that there is no need to prove damage. It is enough that the publication is considered defamation.
Compensation in such claims generally ranges up to NIS 75,000.
Frequently Asked Questions
Is a WhatsApp group considered a publication? Yes. A publication in a WhatsApp group is considered defamation in every respect. The condition is that at least one other person was exposed to it. The larger the group, the higher the compensation may rise.
What is the limitation period for such claims? The limitation period is seven years from publication. Remember that every new share starts a new count. Therefore, an old post that is shared today creates a new cause of action.
Does deleting the post nullify the claim? No. Deletion is regarded only as a mitigating step in the eyes of the judge. It may reduce the final amount of compensation. However, it does not nullify the wrong.
What do you do if the publisher is anonymous? You can apply to the court for a disclosure order. The justices balance anonymity against the right to a good name. In serious cases, the court will order disclosure.
Summary and Conclusions
Online defamation is a common but solvable phenomenon. The law gives the injured very strong tools to deal with it. Case law holds that those who share posts also bear responsibility.
Key points to remember:
- Sharing is publication – liking is not.
- Document the offensive publication immediately.
- Approach the publisher and the platform before filing a claim.
- No need to prove damage in a civil claim.
Don’t remain indifferent if you have been harmed online. Turn to an expert attorney who can build a strategy.
Contact Vaknin Yariv Law Office
Our firm specializes in defamation cases nationwide. We provide professional advice and full guidance through proceedings. We conduct negotiations and act to remove content.
