Defamation work sits at the intersection of two values the law protects with unusual care: the protection of reputation and the freedom of expression. The cases turn on distinctions that are easy to state and hard to argue. Fact versus opinion. Public figure versus private individual. Malicious publication versus fair comment. Statutory damages versus damages that must be proven in evidence.
The Defamation Law, 1965 allows compensation to be awarded without proof of damage, which raises both the upside for claimants and the exposure for defendants. At the same time, it gives defendants substantial defences, chief among them truth and good faith, and many cases are decided there. Publication on social media has produced a developing body of case law on liability, the identification of publishers, and the reach of a publication.
These are matters in which the choice of forum, the framing of the cause of action, and the discretion with which the proceedings are conducted often weigh as heavily as the substantive law.
How we can help
- Initial assessment of a harmful publication and of the prospects of a claim
- Demand letters and requests to remove a publication
- Filing and conducting defamation claims
- Defending claims: truth and good-faith defences
- Publications on social media, WhatsApp groups and review sites
- Negotiating apologies, corrections and settlements
Frequently asked questions
How long do I have to file a defamation claim in Israel?
A civil defamation claim generally becomes time-barred seven years after the publication, under the Limitation Law. In practice, waiting harms the case: evidence becomes harder to preserve, and online publications get deleted. It is best to document and act early.
Do I need to prove damage to receive compensation?
Not necessarily. The law allows the court to award compensation without proof of damage, up to a statutory ceiling that is updated from time to time, and the ceiling doubles where the publication was made with intent to harm. Higher compensation requires proof of actual damage.
Is a Facebook post or a WhatsApp group message a "publication"?
Generally, yes. Under the law, a statement that reaches at least one person other than the injured party is a publication, and social media is no exception. Before taking any step, document the publication with a screenshot that shows the date and the publisher's name.
I have been sued for defamation. What are my defences?
The main defences are truth, where the publication is true and there is a public interest in it, and good faith, which applies in circumstances the law sets out, such as expressing an opinion on the conduct of a person in a public role or complaining to a competent authority. Assessing the defences early also informs whether a settlement makes sense.
These answers are general information, not legal advice. Every matter depends on its own circumstances.
Representation throughout Israel
Representing clients from all over Israel and abroad, before every court in the country. Meetings by appointment in Netanya or Tel Aviv.