Defamation Lawyer
Defamation lawsuit - protecting reputation
A defamation lawsuit is an attempt to limit one of the most important freedoms in a democratic regime, which is freedom of expression. At the same time, freedom of expression also has limits.
The legislature as well as the courts provide protection with regard to the freedom of expression, but not for freedom of contempt. The line between legitimate expression and derogatory expression is not easy to draw, and a large part of the discussion of defamation claims concerns the question of the protection of the defendant’s freedom of expression versus the plaintiff’s right to protection against defamation.
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 is defamation?
Defamation Prohibition Law, 5655 1965
The conditions for filing a lawsuit according to the law against defamation
What statement constitutes defamation?
The basic condition for a defamation lawsuit is a statement about something that may damage reputation. The law enumerates a variety of types of statements that may be considered slanderous or slanderous. For example, an expression that has the potential to cause humiliation, damage to one’s livelihood or an expression that has a degrading element based on its innate or social characteristics may be considered defamation.
- Publishing something that could humiliate a person.
- Publishing something that could humiliate a person.
- Publication of something that may damage the person’s profession and/or business.
To the condition concerning the content of the expression is added the condition concerning the manner of distribution of the expression. When the offensive expression that constitutes libel is made in public then it is a prohibited expression, and it is enough that the expression was absorbed by the senses of one person who is not the object of the expression in order to meet the conditions of publicity.
Accompaniment by a tort lawyer is needed to examine the existence of these two conditions before filing the claim.
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?
Defamation law creates a number of defense mechanisms for the defendant. One of them is the truth defense.
The protection of the truth of publication is fixed, as mentioned, in section 14 of the law, which instructs as follows:
“In a criminal or civil trial due to defamation, it will be a good defense that what was published was true and there was a public interest in the publication; this defense will not be denied simply because the truth of an incidental detail that is not actually harmful has not been proven.”
According to this defense, an offensive phrase describing the existence of a particular factual detail will not be used as a basis for compensation if it is based on an event that happened in reality and there is a public interest in its disclosure.
It is advisable to consult a defamation lawyer or a tort lawyer in order to examine whether a certain phrase is covered under this protection.
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 good faith defended?
Another defense is the defense of good faith, which includes the broad defense of expression. Thus, to the extent that it is clear from the form of the expression that constitutes alleged libel, that it expresses an opinion about the victim’s behavior and not stating a particular detail as a fact, then this expression will be protected against the claim for compensation.
The protections set forth in the Prohibition of Defamation Law express, as stated, the points of balance established by the legislator between the values protected within its scope. Each of the defenses has its own uniqueness and is aimed at protecting certain values.
The defense of good faith, stipulated in section 15 of the law, arises for the defendant when two cumulative conditions are met. One is that the defendant made the publication in good faith, and the second is that the publication was made under one of the circumstances listed in the subsections of section 15 of the law. The alternatives in the subsections reflect a wide variety of circumstances (for example, cases where it was mandatory to make the publication, defending the case of an accused, etc.) in which even if the conditions for the protection of the truth of the publication have not been proven, it is justified that the publication made will benefit from protection.
It is advisable to consult with a tort lawyer about the possibility of the existence of this defense before filing a claim.
What are the protections under the law? Statutory Protections:
Alongside the defenses that are examined in detail in relation to the data of each case of defamation brought before the court, the law enumerates, in section 13, a variety of statutory defenses that constitute a protective envelope for freedom of expression. These defenses essentially concern defamatory speech uttered by public officials. For detailed information about these protections, it is recommended to contact a defamation lawyer or a tort lawyer.
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.
The conditions for filing a defamation claim
The basis on which the plaintiff is bound for the success of his claim is proof of the very truth of the expression in the ears of one or more people other than the victim himself. Also, the prosecutor must examine whether the particular expression may not be protected under one of the protections listed in the law. It should be noted that in a defamation lawsuit, the court can impose compensation of up to 50,000 NIS without proof of damage, and an amount of up to 100,000 NIS without proof of damage if it is proven that the publication was made with intent to harm.
For this reason, it is advisable to be accompanied by a lawyer who specializes in defamation lawsuits.
Burden of proof of bona fide advertising
It should be noted that, unlike the usual burden in civil lawsuits that requires the plaintiff to prove the correctness of his claim, when it comes to the defense of good faith, the burden of proving that the expression is covered under the defense rests on the defendant. Along with this, it is worth noting that the plaintiff can present contradictory evidence against the defendant’s claim of good faith. Accompaniment by a defamation lawyer or a tort lawyer is the key to dealing with defense claims of this kind.
A defamation claim against a criminal charge for defamation
A publication that constitutes defamation may be the basis for filing a criminal complaint, at the end of which the offender may face the possibility of a sentence of up to one year in prison. However, unlike the civil tort of defamation, in order for a person to be convicted as part of a criminal complaint, the victim must prove that the offending person published the offending phrase with the intent to harm, and this in the ears of at least 2 people, not including the victim himself.
The field of criminal collusion is an area in which the criminal procedure is involved and it requires skill and in-depth familiarity with the various duties imposed on the victim who chooses to exhaust the law with the offender in the criminal course. For this reason, it is advisable to reach a decision on filing a criminal complaint only with the support of a defamation lawyer or a tort lawyer who deals specifically in this field.
The key to correctly managing a defamation lawsuit - a defamation lawyer
A defamation claim requires an in-depth knowledge of the law and rulings, and it is required to predict ahead of time the possibility of raising the defense arguments provided by law to the defendants. Moor & Co., a law firm provides professional and experience-based legal services in the field of defamation claims.
"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?
We invite you to a legal consultation to examine the options available to you.
At the law firm Moore & Co., our tort department offers professional and personal treatment on a variety of issues Related to tort law : gross negligence, personal injury claims, traffic accidents, work accidents, social insurance, property damage and defamation claims – injury to the good name .
Our legal services begin with the development of a comprehensive and accurate legal strategy designed to obtain a fair compensation for our clients.
With extensive experience and legal knowledge of the legal system, as well as professional treatment of hundreds of clients, we are here to assist you throughout the entire process.
Contact us at 02-595-3322 or WhatsApp 050-441-1343 to schedule a free legal consultation .
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