Defamation Lawyer
Defamation Lawsuits in Israel: Protecting Your Reputation
A defamation lawsuit addresses one of the most delicate tensions in a democratic society — the balance between freedom of expression and the protection of personal reputation. While freedom of expression is a fundamental right, it is not absolute. When a public statement crosses the line into harming another person’s good name, Israeli law provides a legal remedy through the Prohibition of Defamation Law, 5725-1965. Understanding when and how to pursue — or defend against — a defamation claim is essential for anyone whose reputation is at stake.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
“A good name is better than precious ointment” — Ecclesiastes 7:1
What constitutes defamation? Under Israeli law, defamation is defined as any publication that may: (1) humiliate a person in the eyes of the public or make that person an object of hatred, contempt, or ridicule; (2) disparage a person in connection with their position, occupation, trade, business, or profession; or (3) injure a person’s creditworthiness. The definition is intentionally broad, covering written statements, spoken words, images, gestures, and any other form of public expression.
The Prohibition of Defamation Law, 5725-1965
Requirements for Filing a Defamation Lawsuit
What Statement Constitutes Defamation?
The threshold requirement for a defamation claim is a statement that may damage a person’s reputation. The law enumerates various categories of statements that may constitute defamation, including allegations of criminal conduct, accusations of immoral behavior, statements that harm a person’s professional standing, and publications that expose a person to public scorn or ridicule. The statement need not be explicitly false — it is sufficient that it has the potential to cause reputational harm.
The purpose of defamation law is to provide an answer to the conflict of rights that arises where a publication involving defamation is made. The law seeks to ensure human dignity and the right to a good reputation for the victim of the publication. At the same time, he also seeks to ensure the rights and interests inherent in various publications, with an emphasis on freedom of expression and freedom of the press. Therights on both sides of this barrier are immensely important, both from the point of view of the individual and from the point of view of the public and that of the democratic regime.
How Does the Truth Defense Work?
Israeli defamation law provides several defense mechanisms for the defendant. One of the most significant is the truth defense, codified in Section 14 of the Prohibition of Defamation Law. Under this defense, a defendant may avoid liability by proving that the allegedly defamatory statement was substantially true and that the publication served a legitimate public interest. Both elements must be established — truth alone, without a public interest component, is insufficient.
The rationale for providing protection for genuine publication that has a public interest, lies in the assumption that in matters of public significance, it is better to reveal the truth. Even if this harms the individual towards whom words of contempt and humiliation are hurled. This is not the case, when it comes to real advertising that is of no interest to the public, or false advertising that even has a dimension of interest to the public.
How Is the Good Faith Defense Applied?
Another important defense is the good faith defense, which encompasses a broad range of protected expression. If the form and context of the alleged defamatory statement clearly indicate that it constitutes opinion, criticism, or commentary rather than a factual assertion, the defendant may invoke this defense. Good faith is assessed based on the totality of the circumstances, including the manner of publication, the relationship between the parties, and whether the defendant had reasonable grounds to believe the statement was true.
Statutory Protections Under the Defamation Law
In addition to the case-specific defenses of truth and good faith, the law enumerates in Section 13 a series of statutory protections — commonly referred to as “absolute” or “qualified” privileges. These protections apply to publications made in specific contexts, such as statements made during judicial or parliamentary proceedings, fair and accurate reports of public proceedings, and publications required by law. When a statutory protection applies, it provides a complete defense regardless of the publisher’s intent.
Sadly, a person's honor and reputation are as dear to him as his physical health. Furthermore, a person has a right to protect his body from harm. He ensures that his honor and reputation are not at risk and harmed. Damage to a person's honor and good name is similar to rape or an indecent act done to a person's body. There is no difference between the two types of injuries other than the fact that rape and an indecent act are injury to the body first and then to the soul. An injury to the honor or good name of a person is an injury to the soul and can even lead to injury to the body.
Elements Required to Establish a Defamation Claim
To succeed in a defamation claim, the plaintiff must prove that the statement was actually made, that it was communicated to a third party (i.e., “published”), and that it refers to the plaintiff specifically. The plaintiff must also demonstrate that the statement falls within the statutory definition of defamation — namely, that it is capable of causing reputational harm. Once these elements are established, the burden shifts to the defendant to raise any applicable defenses.
Burden of Proof in the Good Faith Defense
It is important to note that, unlike the standard burden of proof in civil litigation — which requires the plaintiff to establish the merits of the claim — the good faith defense places the burden on the defendant. The defendant must affirmatively demonstrate that the publication was made in good faith and in circumstances that justify protection. This allocation of the burden of proof reflects the law’s recognition that reputational harm is difficult to undo once it has occurred.
Defamation as a Criminal Offense
A publication that constitutes defamation may also serve as the basis for a criminal complaint. Under Israeli law, a person convicted of criminal defamation may face a sentence of up to one year in prison. The decision whether to pursue a civil claim, a criminal complaint, or both depends on the severity of the defamation, the identity of the parties, and the strategic objectives of the aggrieved party. An experienced defamation attorney can advise on the most effective course of action.
The Key to a Successful Defamation Case: Experienced Legal Counsel
Defamation litigation requires thorough knowledge of the law and judicial precedent. A skilled defamation lawyer must anticipate the defense arguments likely to be raised and prepare a comprehensive strategy to counter them. Whether you are the plaintiff seeking to vindicate your reputation or the defendant facing a defamation claim, professional legal representation is essential to navigating this complex area of law effectively.
"Whoever of you loves life and desires to see many good days, 13 keep your tongue from evil and your lips from speaking lies."
Has your reputation been damaged? Have you been sued for defamation? Contact Mor & Co. Law Firm for a legal consultation to examine the options available to you and develop a tailored legal strategy for your case.
The Tort Department at Mor & Co. Law Firm provides professional and personalized legal representation across a wide range of tort matters, including defamation claims, medical malpractice, personal injury, car accidents, workplace injuries, and insurance disputes. Our attorneys combine deep legal expertise with a client-centered approach to deliver the best possible results.