What does the Defamation Prohibition Law provide?
The Defamation Prohibition Law, Tashka-1965, defines defamation as a publication that may humiliate a person, degrade them, harm their position, business, or profession. "Publication" is any communication brought to the knowledge of another person besides the injured party: a post, a talkback comment, a message in a WhatsApp group, a Google review, or a story. The law allows the court to award compensation without proof of damage up to a basic amount of 50,000 NIS, and double that amount if intent to harm is proven. The amounts are linked to the index under the law, and therefore these are not the updated amounts payable; the compensation is not automatic. Alongside the civil track, there is also a criminal offense (by private prosecution).
The defenses: truth in publication and good faith
The defendant may avail himself of the protections under the law: I spoke the truth, the publication is true and has public interest; and the good-faith defenses: expression of an opinion about the conduct of the injured party, a legal or moral duty to publish, protection of a legitimate personal interest, and more. The legal battle is conducted precisely here: fact versus opinion, truth versus exaggeration, and public interest versus defamation. The demand for an apology and correction also has an effect: publication of a correction and apology reduces the compensation.
Protection of privacy: the parallel track
The Protection of Privacy Law prohibits, among other things: surveillance and tracking, photographing a person on private premises, publishing his photograph in humiliating circumstances, using his name and likeness for profit, and breach of a duty of confidentiality. Violation of privacy is a civil wrong for which compensation may be awarded without proof of damage up to a basic ceiling of 50,000 NIS linked to the index, and where there is intent to harm, up to double the amount, subject to the conditions of the law, and it is also a criminal offense in the circumstances listed in the law. Online, defamation and invasion of privacy go hand in hand: a defamatory post with a picture and private screenshots may give rise to causes of action of both types, depending on the circumstances and the defenses under the law.
Representation in defamation and privacy claims
Israel Arama represents victims of publications, from warning and takedown letters to judgments, as well as defendants and publishers relying on the protections of the law. Harmful publication lives online and causes damage every day: contact us immediately.
What does the Defamation Prohibition Law provide?
The Defamation Prohibition Law, Tashka-1965, defines defamation as a publication that may humiliate a person, degrade them, harm their position, business, or profession. "Publication" is any communication brought to the knowledge of another person besides the injured party: a post, a talkback comment, a message in a WhatsApp group, a Google review, or a story. The law allows the court to award compensation without proof of damage up to a basic amount of 50,000 NIS, and double that amount if intent to harm is proven. The amounts are linked to the index under the law, and therefore these are not the updated amounts payable; the compensation is not automatic. Alongside the civil track, there is also a criminal offense (by private prosecution).
The defenses: truth in publication and good faith — what is important to know?
The defendant may avail himself of the protections under the law: I spoke the truth, the publication is true and has public interest; and the good-faith defenses: expression of an opinion about the conduct of the injured party, a legal or moral duty to publish, protection of a legitimate personal interest, and more. The legal battle is conducted precisely here: fact versus opinion, truth versus exaggeration, and public interest versus defamation. The demand for an apology and correction also has an effect: publication of a correction and apology reduces the compensation.
Protection of privacy: the parallel track — what is important to know?
The Protection of Privacy Law prohibits, among other things: surveillance and tracking, photographing a person on private premises, publishing his photograph in humiliating circumstances, using his name and likeness for profit, and breach of a duty of confidentiality. Violation of privacy is a civil wrong for which compensation may be awarded without proof of damage up to a basic ceiling of 50,000 NIS linked to the index, and where there is intent to harm, up to double the amount, subject to the conditions of the law, and it is also a criminal offense in the circumstances listed in the law. Online, defamation and invasion of privacy go hand in hand: a defamatory post with a picture and private screenshots may give rise to causes of action of both types, depending on the circumstances and the defenses under the law.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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