Question 1

What is defamation (lashon hara) under Israeli law?

Accepted Answer

Under the Defamation Law (1965), a statement is defamatory if it tends to humiliate a person, make them an object of hatred, contempt or ridicule, cause others to avoid them, or harm them in their business or profession. The statement must refer to a specific person, be communicated to at least one third party, and be false (or, in some circumstances, true but still actionable).

Question 2

What compensation can be awarded for defamation in Israel?

Accepted Answer

The Defamation Law provides for compensation without proof of actual damage — up to ₪50,000 per publication (as of recent amendments, this can be higher in egregious cases). Where actual damage is proved — lost clients, lost employment, medical treatment — higher compensation can be awarded. Courts can also order the publication of a retraction or correction.

Question 3

Does defamation law apply to social media posts in Israel?

Accepted Answer

Yes. Social media posts — Facebook, Instagram, Twitter/X, TikTok, WhatsApp groups, and online forums — are subject to the Defamation Law. The reach and permanence of social media posts is considered by courts in assessing damages. Israel has seen a significant increase in social media defamation claims in recent years.

Question 4

What defences are available against a defamation claim?

Accepted Answer

The main defences under Israeli law are: (1) truth — the statement was substantially true; (2) fair comment — an honest opinion on a matter of public interest; (3) privilege — statements made in parliamentary or judicial proceedings, or between parties with a common legitimate interest; (4) consent of the plaintiff. The truth defence is complete if the statement is accurate.

Question 5

Can I get an injunction to remove defamatory content?

Accepted Answer

Yes. An urgent application can be made to the court for an interim injunction requiring removal of defamatory content from websites or social media. Israeli courts have ordered such injunctions in appropriate cases. The application must demonstrate a strong prima facie case and urgency. Acting quickly is essential.

Question 6

What is the limitation period for a defamation claim in Israel?

Accepted Answer

The limitation period for defamation claims in Israel is 2 years from the date of publication. This is shorter than the general 7-year limitation period for tort claims. It is essential to seek legal advice promptly if you believe you have been defamed.

Defamation & Libel Claims in Israel

Defamation Law in Israel

Social Media Defamation

Frequently Asked Questions

Defamed Online or in Person?