Defamation and Slander Claims on Social Media in Ramat Gan

What is a Defamation and Slander Claim on Social Media?

In the digital age, social media has become a central platform for communication, but also a distribution point for harmful statements, slander, and violations of honor. A defamation claim on social media such as Facebook, Instagram, Twitter, and WhatsApp groups is an important legal tool for protecting your name, honor, and reputation as a person or business. In Israel, defamation laws and damages related to honor are regulated by the Torts Law, and in particular by the Press Law (Press Laws, 5750-1990) and components of civil and property law.

Slander and libel are not concepts reserved solely for traditional media. Any person who publishes a harmful statement on social media, in a closed group, or even in a private message that is copied and distributed, may be sued for defamation. The lawsuit can result in substantial monetary compensation, removal of the post, a blocking request, or even an order to pay legal costs.

The Mandelboyum, Gor, Witzman-Gor & Co. Law Office has over 18 years of experience representing victims in civil and criminal lawsuits, and specializes in protecting rights of honor and reputation. We represent claimants only in the field of defamation and slander, and provide personalized and focused legal advice for each case.

When Do You Need a Defamation Claim?

A defamation or slander claim is appropriate when:

• Publication of a Harmful Statement: Someone published on Facebook, Instagram, or a WhatsApp group a statement that harms your honor, reputation, or esteem.
• False or Misleading Statement: The statement is not true, or it is presented in a misleading context that distorts reality.
• Distribution to the Public or a Group: The message reached a wide audience or a closed group of people, not just one person.
• Substantial Damage: The publication caused you psychological, business, social, or professional harm.
• Ongoing Harm: The message or post is still active on the network, or it is distributed through repeated copies.

The Difference Between Defamation, Slander, and Legitimate Criticism

It is important to understand that not every negative criticism or opinion constitutes defamation. Israeli law makes a sharp distinction between:

• Defamation (Libel): Publication of a false fact (not an opinion) that harms the honor of the defendant. For example: "Attorney X assaulted a client" — when this did not happen.
• Slander: A statement or message whose purpose or result is to harm the honor or reputation of a person or business.
• Legitimate Criticism: A personal opinion, criticism of work, service, or conduct, even if it is harsh or negative, as long as it is not based on false facts or malicious statements.

For example, writing "the service of this business was terrible and poor" may be legitimate criticism, but "the owner of this business stole money from customers" is defamation if it cannot be proven. In a lawsuit, you must prove that the statement is false, harms your honor, and reached the public or a significant group.

Defamation Lawsuit Process on Social Media — Steps and Rights

When you are exploring the possibility of filing a lawsuit, it is important to understand the legal steps and your rights as a plaintiff. The defamation lawsuit process in Israel includes several stages, starting with a legal notice and ending with a court ruling in court.

Step 1: Evidence Collection and Documentation

The first step is to collect strong evidence. You must document the harmful post or message, save a screenshot with the date and time, print or save a PDF copy of the page, and create a list of everyone who viewed or shared the post. If the post has already been deleted, you can request that the social media network (Facebook, Instagram, etc.) obtain a copy from their servers or contact law enforcement authorities. Business owners should also document the impact on sales, messages from customers who cancelled orders, or positive reviews that have diminished.

Step 2: Legal Notice and Removal Request

After collecting the evidence, you can send a legal notice (demand letter) from an attorney to the post author or person who shared it. In this demand, we state the facts, the damage caused to you, and request immediate removal of the post, in the manner of a formal notice that the plaintiff is not interested in legal proceedings if the post is removed and a written apology is provided. In some cases, such a demand convinces the defendant to remove the post themselves, thereby saving time and money in court proceedings.

Step 3: Filing a Lawsuit in Court

If the demand is not accepted, or if the defendant does not remove the post or apologize, you can file a formal lawsuit in the district court. The lawsuit will include details of the damage, allegations regarding the falsity of the statement, and the amount of compensation you are seeking. In the lawsuit, you must prove three main points:

• Publication of a false fact: That the statement is a fact (not an opinion) and that it is false.
• Damage to reputation: That the publication harmed your honor, good name, or reputation.
• Causation: That the publication caused the damage (direct connection between the statement and the harm).

Step 4: Court Proceedings

In court, both parties will present their arguments, evidence, and all relevant documents. Typically, the proceedings include oral evidence (witnesses) and written evidence (messages, screenshots, medical or psychological reports regarding emotional harm). The judge will examine all the evidence and make a decision regarding whether the defendant is guilty of defamation and how much compensation must be paid.

Step 5: Judgment and Enforcement

After the judgment, if you prevail, the judge will order the defendant to remove the post, publish a public apology (at your discretion), and pay you financial compensation. If the defendant does not comply with the judgment, you can contact an enforcement officer at the tax authority or the defendant's bank to obtain the money.

Compensation Amounts in Defamation Claims — Ranges and Parameters

One of the most common questions asked by plaintiffs in defamation claims is: "How much money can I receive?" The answer depends on many factors, including the degree of damage to your reputation, the scope of distribution of the post, the business or psychological harm caused to you, and the position of the court on the matter.

Factors Affecting Compensation Amount

• Degree of Reputational Harm: Is the statement very severe (for example, accusation of a crime or serious misconduct) or less severe?
• Scope of Distribution: How many people saw the post? Was it in a closed group of 50 people or on a public page viewed by thousands?
• Duration the Post Was Active: Was the post removed within hours or did it remain active for months?
• Business Damage: If you are a business owner, did the post lead to cancellation of orders, decline in sales, or loss of customers?
• Psychological Harm: Did you suffer trauma, depression, anxiety, or require psychological treatment?
• Defendant's Status: Did the defendant apologize or admit to the mistake, or did they continue to harass?
• Relationship Between the Writer and Plaintiff: Is it a private individual who did not know you, or someone you had a relationship with (former employee, partner, business rival)?

Typical Compensation Ranges

According to assessments in Israeli case law and court practice, compensation in a defamation claim on social media tends to be:

• Minor Cases (post in a small group, removed quickly, minimal damage): Between ₪3,000 and ₪10,000.
• Moderate Cases (post on a public page, remained active for a period, moderate psychological or business harm): Between ₪10,000 and ₪50,000.
• Serious Cases (very severe statements, wide distribution, significant business harm, psychological trauma): Between ₪50,000 and ₪150,000 or more.

It is important to note that these are general ranges only, and each case is examined on its own merits by the judge. Additionally, in defamation claims, the court may also order removal of the post, publication of a public apology, and payment of legal fees (attorney fees).

Practical Example

Suppose a small business owner in the housing sector posted a picture with contact details on his Facebook page. Someone who did not know him posted in a group of 2,000 members: "This business owner defrauded me, took my money and did not return it." The business owner documented that one customer canceled the order following the post, and he also suffered from anxiety and sleep deprivation. In a lawsuit, the business owner could receive compensation in the range of ₪30,000–₪70,000, depending on additional details and the judge's approach.

Legal Defenses for Defendants — What You Need to Know

In a defamation lawsuit, the defendant (the author of the post) has several legal defenses available to avoid paying damages. As a plaintiff, it is important that you are aware of these options in order to prepare your lawsuit effectively.

Common Defenses in Defamation Cases

• Truth Defense: If the defendant can prove that the statement is true, this is a strong defense. For example, if you claimed "Attorney X did not complete my case" and the defendant can prove that this actually happened, he will be protected.
• Legitimate Opinion Defense: If the defendant argues that the statement is a personal opinion (not a fact), he may be protected. For example, "This business's service was terrible" is an opinion, not a fact.
• Journalistic Privilege: If the defendant was a journalist or reporter covering a matter of public interest, he may have an extended defense.
• Public Interest Statement: If the defendant published information that has public importance (for example, alerting the public to fraud in public services), he may be partially protected.
• Plaintiff Identification: If the defendant claims he did not know to whom the statement was directed, this may constitute a defense.

As a plaintiff in a defamation lawsuit, you must be prepared to address these defenses and prove that they do not apply to your case. This is why it is important to work with an experienced attorney who can assess the strength of your claim in advance and prepare you for the defendant's arguments.

Practical Steps to Protect Yourself from Defamation on Social Media

Beyond filing a lawsuit, there are many ways to protect yourself from defamation on social media and minimize future damage.

Privacy and Security Settings

• Set your profile to private: On Facebook and Instagram, set your account to "private" so that only friends you have approved can see your posts.
• Choose groups carefully: Join only well-managed groups with active administrators who remove offensive posts.
• Request approval for tags: On Facebook, request approval before someone tags you in a photo or post.
• Block and report: If someone tries to harass you or publicly defame you, block them immediately and report them to the social network.

Documentation and Backup

• Save screenshots: If you suspect defamation, save screenshots of suspicious messages, posts, or comments.
• Preserve messages and conversations: If you have a discussion with someone on social media or WhatsApp, save the messages.
• Document the impact: If the defamation affects your business, document the decline in sales, customer messages, or any other evidence of damage.

Quick Action

• Report to the social network: Every social network (Facebook, Instagram, Twitter, etc.) has a process for reporting offensive posts. Report immediately.
• Request direct removal: Contact the poster directly (via private message) and ask them to remove the post.
• Send a legal demand: If reporting and direct request do not help, send a legal demand letter from an attorney.