Israeli law grants every citizen rights alongside duties. A citizen who publishes defamatory statements against another person violates the law. Such an act exposes the publisher to legal proceedings and tort claims. In defamation lawsuits, the law allows victims to demand monetary compensation for the harm to their good name – sometimes even without proof of actual damage.
What Is Defamation Under the Law?
Many people mistakenly think defamation is only a matter of personal feeling. In practice, the Defamation Prohibition Law of 1965 precisely defines what constitutes a prohibited publication. Defamation is content that exceeds the bounds of substantive and legitimate criticism. Such content harms a person’s dignity, occupation, or public standing.
The law defines content as defamatory if it humiliates a person on grounds of age, gender, or religion. The publisher violates the law even if they published the statements in a social media post, in a video, or in a WhatsApp group.
Compensation Without Proof of Damage (Section 7A of the Law)
The law allows you to demand monetary compensation even without proof of actual damage. We base the claim on the fact of the offensive publication itself. The court may award damages on two main tracks (the amounts are linked to the index and updated from time to time):
- Standard statutory compensation: the judge may award up to approximately NIS 75,000 in favor of the plaintiff.
- Publication with malicious intent: if we prove that the publisher sought to harm you intentionally, the judge may award up to approximately NIS 150,000.
The judge sets the final amount according to the severity of the publication, the scope of distribution, and the extent of potential damage to your good name.
Guiding Case Law: What Have the Courts Determined?
Courts in Israel award significant compensation amounts in defamation lawsuits in order to deter publishers. Below are examples of trends in case law:
- CA 89/04 Nodelman v. Sharansky: this is the foundational ruling of the Supreme Court in the field of defamation. The judgment first articulated the basic principles for awarding statutory compensation without proof of damage. To this day, this judgment remains the cornerstone of every defamation lawsuit in Israel.
- Harm to professional reputation (Amnon Levy case): the courts are particularly strict when the publication harms a person’s professional integrity. In this judgment, the justices emphasized the publisher’s duty to clearly distinguish between presenting facts and expressing opinion. Harm to a person’s profession generally justifies high compensation in light of the potential financial damage.
- Truth in publication defense (Krauss case): the courts held that the claim “I spoke the truth” is not sufficient on its own to protect the publisher. The publisher must also prove that there was a real public interest in the publication that justified the harm. Lack of public interest leads to rejection of the defense and to the publisher being ordered to pay full compensation in favor of the injured party.
A Claim with Proof of Actual Damage
In cases where the publication caused proven financial damage, we act on a track without a compensation cap. We present to the court evidence of actual financial losses. For example, a business owner who lost customers or contracts as a result of a smear presents the precise figures of the income decline. The judge assesses the full damage caused and awards compensation according to the severity of the financial harm.
Compensation Within a Private Criminal Complaint
The law also allows you to conduct a private criminal proceeding known as a “private criminal complaint.” We file the complaint directly with the magistrates’ court against the publisher. This procedure can lead to the criminal conviction of the publisher and, alongside it, monetary compensation of up to approximately NIS 75,000 in favor of the injured party. This is a powerful tool in cases of particularly serious smears.
Defenses the Publisher May Raise
Sometimes the publisher raises defenses recognized by law. We prepare the file in advance to deal with the following arguments:
- “I spoke the truth”: the publisher claims that the publication is correct. We refute this or prove that there was no public interest in the publication that justified the harm.
- “Expression of opinion”: the publisher claims legitimate criticism. We prove that the statements crossed the line into personally degrading harm.
- “Good faith”: the publisher claims to have acted without intent to harm. We examine the circumstances of the publication to challenge this claim and prove negligence or malice.
Frequently Asked Questions – Compensation in Defamation Lawsuits
Can I sue if the publisher deleted the post?
Yes. We recommend documenting the publication immediately by means of a screenshot. Even after deletion, the initial damage has already been caused, and you are entitled to demand compensation for the harm created during the time the publication was online.
Are remedies other than monetary compensation available?
Absolutely. As part of the lawsuit, we frequently demand a mandatory injunction for the removal of the publication and the publication of an apology or correction of the defamatory statements. These steps assist in actually rehabilitating the good name.
Can one sue for defamation on WhatsApp?
Absolutely. Publication in a WhatsApp group meets the definition of “publication to the public.” Courts award significant compensation for smears in work groups, parents’ groups, or other digital platforms.
How long does the compensation procedure take?
A civil proceeding generally lasts between one and two years. Sometimes a professional warning letter from our firm leads to a quick settlement, including compensation and apology, without going to court.
Why Choose Vaknin Yariv Law Office to Manage the Claim?
Vaknin Yariv Law Office combines extensive litigation experience with a deep understanding of the digital arena. The Labor Law and Defamation department is led by Adv. Miriam Kanaan-Masalha. She specializes in protecting good names and managing complex reputation crises on social networks and the internet.
A meeting with the firm’s team will allow you to receive a professional response that precisely meets your needs. We represent you throughout the way – from the initial documentation to the receipt of the judgment. The firm operates branches in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.
Please note: the content on this site is for enrichment purposes only and constitutes general information. The information does not constitute legal advice and is not a substitute for binding advice.
Has someone defamed your name? You may be entitled to compensation. Leave your details on the site or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824. We are here to protect your good name and obtain for you the compensation you deserve.
