A lawyer specializing in defamation: the time dimension is critical

The article was written in collaboration with Obiter

The field of slander and defamation lawsuits continues to be in the headlines in Israel, and also in the world, on an almost daily basis. Despite the popularity that the issue has gained, the general public in Israel still does not have enough understanding of the issue. Defamation laws are complex and it is important to understand, even before suing or if you are sued, the legal framework and the risks involved.

In order to shed light on this issue, we spoke with a lawyer specializing in defamation, Lior Shavi, who has significant successes in representing him in the courts on the issue as well as settling disputes based on defamation, libel and privacy laws outside of court.

First, briefly explain to those who do not know what defamation laws are.
"The offense of defamation is defined as publication that harms a person's good name or honor. Defamation can be a post on Facebook or a WhatsApp group or, for example, public slander to people in a lecture or on the radio. The law recognizes that every person has the right to protect his reputation and that a defamation offense may be a serious violation of this right."

How does the law in Israel differ from defamation laws in other countries?
"Each country's defamation laws are unique. In general, it can be said that the offense of defamation in Israel is a civil wrong, but in some cases a criminal complaint can also be filed. This means that if someone is defamed, they must file a civil lawsuit against the person or entity responsible for the defamation. It is possible To claim for each publication about 70,000 NIS without proof of damage and a higher amount, about 140,000 NIS, if the publication was done maliciously.

Can you give examples of defamatory statements?
"There are many examples of defamatory statements that may lead to legal action. We previously told about a taxi driver we represented after a female passenger wrote a slanderous post about him on a social network . In this case, he was awarded damages. But not only defamation. If someone accuses another person of committing a crime without any evidence, it can be considered defamation. Similarly, if someone spreads false rumors about another person's personal life, that can also constitute libel."

What is the process of filing a libel claim?
"The first step is to contact an experienced lawyer in the field. We help our clients prepare the necessary documents, which include a statement of claim and evidence to support the case. After submitting the documents to the court, the defendant receives the statement of claim and is given the opportunity to submit a statement of defense. From there, the case will proceed in court, although Sometimes there are cases where it is in the interest of the parties to reach a settlement even before the first hearing before a judge."

What types of damages can be awarded in a defamation lawsuit?
"I have already mentioned the amounts before. Compensation can be awarded for economic damages and damages without proof of damage. Economic losses include loss of income or damage to the reputation of a business. Non-economic losses and without proof of damage are related to emotional distress or damage to the reputation of that person. In addition, the court may award an exceptional compensation amount in cases where the defendant's behavior was particularly blatant – and the extent and disclosure of that defamatory publication is also taken into account."

O

Time does not play in our favor

I just opened my profile on Facebook and I was defamed. What to do?
"The most important thing is to act quickly and contact a defamation attorney. In Israel, the statute of limitations applies to defamation lawsuits, but the issue of delay is also important, so it is important to file a lawsuit as soon as possible, in order to reduce the damage. Additionally, it is important to gather evidence to support your case, such as witness statements, emails, recordings or screenshots of social media posts. Finally, it is important to work with an experienced defamation lawyer who can guide you through the process and protect your rights."

Are there defenses against a libel claim?
"There are a number of defenses a defendant can use in a defamation lawsuit. The most common defense is "I spoke the truth", meaning that if the statements made were true, then there can be no claim of slander. Other defenses include "fair comment", meaning the defendant expressed his legitimate opinion, For example, he acted in an official capacity and had an obligation to make these statements."

What steps can individuals and companies take to protect themselves?
"It is important to be careful about what you say or write about others, especially when it comes to sensitive issues such as personal or professional conduct. In addition, it is important to be aware of the sources of information you rely on. If you rely on rumors, it is important to verify the correctness of the information before publishing. Let's just say that To this day, one has not regretted a post he did not publish."

In conclusion, are there any recent changes or developments in defamation law?
"One of the most significant changes is the increased use of social networks as a means of communication. This has led to an increase in the number of defamation lawsuits related to social networks, as well as challenges related to determining jurisdiction and applicable laws in cases where the parties are in different countries."

For more details about attorney Lior Shabi click here

The article is courtesy of the legal portal obiter.co.il

The article is part of a collaboration with Obitar, if you find an error in the article, you are welcome to send the correction to the email: [email protected]
(In order to quickly locate the article, it is important to make sure to include the link to the article in the email).

The article was written in collaboration with Obiter