Guide to Defamation — Claims and Compensation

What is Defamation? Legal Definition and Implications

Defamation is a false or misleading statement concerning another person, published to third parties, and which damages that person's reputation, honor, or good name. Under Israeli law, defamation constitutes a civil cause of action that can result in substantial compensation, in addition to potential criminal consequences under certain circumstances.

The most important distinction in defamation claims is between false fact and opinion or criticism. A statement based on false facts constitutes defamation, whereas criticism, even if harsh, based on true facts does not constitute defamation from a legal perspective. However, an opinion that sounds like a fact or is stated negligently may also form the basis for a claim.

As a person harmed by defamation, it is important that you understand your legal rights, the conditions you must prove, and the range of possible compensation. Mendelboim, Gor, Witzman-Gor & Co. is built on representation of plaintiffs only in the field of tort law, including defamation claims, and we have experience of over 18 years representing victims in claims of this type.

Conditions for Granting Compensation in Defamation Claims

In order to succeed in a defamation claim, the plaintiff must prove several legal conditions:

• False or misleading statement: The plaintiff must show that the statement distributed about him or her is not true or misrepresents the full picture of the facts.
• Publication to third parties: The false statement must be published (orally, in writing, digitally) to one or more third parties, not merely in a private conversation between two persons.
• Damage to reputation or honor: The statement must be such that, according to social and legal norms, it damages the plaintiff's reputation, honor, or good name in the eyes of the public.
• Causal connection between the statement and damage: The plaintiff must prove that the damage suffered (economic loss, emotional harm, loss of opportunity) was caused as a direct result of the publication of the false statement.
• Liability of the defendant: The plaintiff must prove that the defendant (the person who disseminated the defamation) did so personally or through others, or is otherwise responsible for the publication.

In addition to these conditions, under Israeli law there are defenses that may relieve the defendant of liability, such as truth, lawful opinion, public interest, or a statement made innocently without negligence.

Types of Damages Recoverable in Defamation Claims

When the plaintiff successfully proves all of the above conditions, he or she is entitled to compensation for several types of damages:

Economic Damage (Concrete Damage)

This is damage that is directly measurable in monetary terms. Examples include loss of business opportunities, decrease in income, loss of contracts or clients, legal fees, costs to remedy the damage (such as advertising to counteract the defamation), or medical expenses if the emotional harm required treatment. The plaintiff must prove this damage precisely, often through evidence such as financial statements, unrealized contracts, or testimony from employers or clients.

Non-Economic Damage (Mental Harm, Damage to Honor and Feelings)

This is the psychological, emotional, and social harm caused by the publication of the defamation. This includes psychological suffering, emotional pain, shame, damage to self-esteem, anxiety, depression, and inability to cope with daily life. Under Israeli law, such non-economic damage is recognized as a valid basis for compensation, even if it cannot be quantified precisely as economic damage. Typically, courts assess this damage based on the severity of the statement, the extent of publication, the duration of suffering, and the plaintiff's response.

Damage to Business or Professional Activity

If the plaintiff is a business owner, self-employed, or professional, significant damage may result from a decrease in clients, cancellation of contracts, or loss of opportunities. A typical example: an attorney, physician, or contractor whose reputation is harmed by a false statement, resulting in a decline in inquiries or income. Such damage is often proven by comparing income or workload before and after publication.

Costs to Remedy the Damage

If the plaintiff incurred expenses to remedy the damage (for example, publishing a clarification, legal consultation, psychological treatment), he or she may claim these expenses as part of the damage compensation.

Typical Compensation Ranges in Defamation Claims in Israel

Compensation amounts in defamation claims vary significantly depending on the circumstances of the case, the severity of the statement, its resonance, and the damage caused. Under Israeli law, there is no fixed formula or official table for calculating defamation damages, and courts apply legal discretion based on precedent and factors specific to each case.

Generally, in small-scale defamation claims (for example, between neighbors or within a small community), compensation ranges from several thousand to tens of thousands of shekels, depending on the severity of damage to reputation and the extent of publication. In medium-scale claims (for example, between businesses or where economic damage is significant), compensation can reach hundreds of thousands of shekels. In large claims (for example, against corporations, media, or where economic damage is severe), compensation may reach up to one million shekels or more.

When assessing compensation, courts consider factors such as:

• The severity of the false statement and degree of harm to reputation.
• Scope of publication (whether in a newspaper, social media, private conversations, or public forum).
• Concrete economic damage incurred (loss of income, loss of clients, legal expenses).
• Mental and emotional damage (evidence of suffering, medical treatment, impact on quality of life).
• The plaintiff's social, professional, and economic status.
• The defendant's status, including their ability to pay compensation.
• Whether the defendant acted maliciously (with intent to harm) or negligently (with lack of care).
• Whether the defendant attempted to correct the damage or apologize.

It is important to note that in addition to damages compensation, courts can issue injunctions requiring the defendant to cease publication of the defamatory statement, and sometimes also order publication of a notice in a newspaper or other platform where the defamation was distributed, to remedy the damage to the plaintiff's reputation.

Legal Defenses Against Defamation Claims

Under Israeli law, there are several defenses that may eliminate or reduce the defendant's liability in a defamation claim:

The Defense of Truth

If the defendant can prove that their statement was true, this is an absolute defense against a defamation claim. Even if the statement harmed the plaintiff's reputation, if it is true — it does not constitute legal defamation. However, the defendant must prove the truth with reasonable accuracy, and not merely offer an alternative version of the events.

The Defense of Opinion or Criticism

Opinion or criticism, even if sharp or unpleasant, does not constitute defamation if it is based on true facts. For example, criticism of an employee's performance, the quality of service, or a company's conduct — as long as it is based on true facts — is not defamation. However, if the statement gives a false or misleading interpretation to a true fact, it may constitute defamation.

The Defense of Public Interest

In some cases, if the defendant published the defamatory statement in order to protect a public interest (for example, to expose fraud, conflict of interest, or unethical conduct), this may constitute a defense. However, this defense is limited and requires that the publication was necessary and not excessive.

The Defense of Innocent Misstatement

If the defendant made the defamatory statement innocently (meaning they had a reasonable reason to believe it was true) and without negligence, this may be a defense or at least reduce the compensation.

The Defense of Consent

If the plaintiff agreed to the publication of the statement, or at least did not object to it in time, this may reduce the defendant's liability.

How Mendelbaum, Gor, Witzman-Gor & Co. Can Help You

If you have been harmed by defamation and want to sue for compensation, Mendelbaum, Gor, Witzman-Gor & Co. is here to help you. Our firm is built on representation of plaintiffs only in the field of tort law, which means we work solely for injured parties and our commitment is to achieve fair compensation and legal rights. With over 18 years of experience representing clients in tort claims, including defamation lawsuits, traffic accidents, workplace injuries, and insurance claims, we know how to navigate the Israeli legal system and achieve significant results for our clients.

Our approach is simple: we begin with a free initial consultation, in which you tell us your story, we listen carefully, and we assess the strength of your claim. Subsequently, we gather evidence, negotiate with the other party, and if necessary — we fight for you in court. We believe in personal and dedicated representation, and in giving full attention to each case.

If you are interested in discussing your claim, we invite you to call us today or leave your details in the form at the bottom of this page. We will get back to you promptly and schedule a meeting at a time that suits you. Our office is in Ramat Gan, and we also meet clients in Petach Tikva and throughout the central region.