Damage to a good name – the legal significance for the plaintiff and the defendant

Damage to a good name is not a trivial matter, and sometimes even more serious than physical harm. Imagine that one fine day someone published a story about you, for example, being a pedophile/thief/oppressor of Holocaust survivors, and a host of other statements that could shock not only you, but also your immediate (and even distant) circle.

In addition to the fact that these statements constitute damage to the victim's good name, these statements may have immediate consequences that go beyond the relationship between the perpetrator and the victim. For example, following a statement or publication of this type by the perpetrator, the victim may be fired from his job.

In certain cases and in certain communities, harm to a good name may lead to the victim being ostracized and a boycott imposed on him (for example: accusing an ultra-Orthodox/religious person of consuming non-kosher food or of converting his religion may lead to his being ostracized from his community).

Defamation = defamation

In the legal world, harming a person's good name is defined as a tort. slander, and is regulated by the provisions of the Defamation Law. The Defamation Law states that it is sufficient that the offensive publication/statement May lead to the humiliation or humiliation of a person, then that person will be entitled to financial compensation that may be particularly significant.

Please note – the Defamation Law does not state that there must be proof that the offensive statement actually hurt the victim and caused them harm, therefore this law allows the victim to file a claim, and demand and receive Compensation without proof of damage.

Amount of compensation for damage to good name

Compensation for harm to a person's good name is examined according to two situations: 1. Harm without intent to harm. 2. Harm with intent to harm.

To a non-lawyer, this division is not always clear. How can there be offensive advertising that is not made with the intention of harming? After all, from the perspective of the injured party, any advertising that may disparage him is made with the intention of harming him.

The division according to court rulings is clear – advertising made with the intention of harming is advertising with a truly malicious motive. For example: Moshe desires Pinchas' job. Moshe knows that Pinchas is a law-abiding person with no criminal record. Despite this, Moshe chooses to advertise about Pinchas that Pinchas sexually harasses women at work. Moshe knows for sure that this is a complete lie, but Moshe knows that this type of accusation will lead to the employer firing Pinchas.

This example is an example of a case in which there is a very high probability that the court will be convinced that false defamatory advertising was made with the clear intention of damaging a good name.

The amount of compensation that can be claimed when there is an intention to harm a good name

פגיעה מתוך כוונה לפגוע עשויה לזכות את הנפגע בפיצוי כספי משמעותי מאוד שעשוי להגיע, נכון להיום (הסכום מתעדכן מעט מדי שנה), לעד כ-150אלף ש"ח For each advertisement.

כלומר, אם הפרסום הפוגעני נעשה במספר הזדמנויות שונות (לדוגמה פעם אחת בפייסבוק ופעם אחת בקבוצת וואטסאפ), הרי שהנפגע יהיה זכאי לדרוש פיצוי מקסימלי שיוכל להגיע עד כ-300 אלף ש"ח.

The amount of compensation that can be claimed for damage to a good name without intent to harm

פגיעה בשם טוב כאשר לא נלוות אליה כוונה לפגוע מוכרת בחוק כעוולה בדרג נמוך יותר, ולכן חוק איסור לשון הרע מאפשר לנפגע לדרוש פיצוי כספי שמגיע, נכון היום, לעד כ-75 אלף ש"ח בגין כל פרסום פוגעני.

In this case too, the number of offending publications affects the amount of compensation, and the greater the number of offending publications, the more likely it is that the court will award much higher financial compensation.

What is required to prove in order to receive financial compensation for damage to a good name?

Before contacting Defamation lawyer In order to submit Financial claim You need to understand the basis for these types of claims. First, the victim must prove that the offensive statement was actually made. This can be done through a recording, screenshots from the computer or phone, or witnesses who heard the offensive statement.

Second, it must be proven that the offensive statement was made/published publicly. In other words, it is not enough to prove that someone contacted Personally לנפגע, ואמר לו "בארבע עיניים" את מה שהוא חושב עליו, אלא צריכים להוכיח שהפוגע עשה זאת בפומבי/ברבים. An offensive statement made privately to the victim himself is not an injury to a good name that entitles him to financial compensation under the Defamation Law.

Will any damage to a good name lead to financial compensation?

The Defamation Law provides for a large number of cases in which publications are considered permissible or publications to which various protections apply. For example: if something offensive was published against a person, but it turned out that the publication was a true publication (excluding false facts), then the protection of truth in the publication will apply (Section 14 of the Defamation Law). slander).

Therefore, not every injury will lead to financial compensation within the framework of a defamation claim.

Frequently Asked Questions Regarding Defamation