A lawsuit for Facebook shaming or online shaming – what should you know?

What is Facebook shaming or online shaming?

Following the development of technology and the enormous exposure of the Internet and social networks such as Facebook, many people tend to publish offensive information on Facebook (or any other social network) in order for that publication to reach a very large number of people. This phenomenon is called cyberbullying in Hebrew.

Sometimes there is no escape from filing a lawsuit for Facebook shaming or online shaming because the advertising is particularly offensive and includes false information or personal information or any other information that may humiliate or disparage the person or business relevant to the advertising. In a lawsuit for Facebook shaming, generally, not only financial compensation is required, but also the remedy of removing the post and publishing a denial or apology.

The relevant law for filing a lawsuit for Facebook shaming or online shaming

Defamation Law

In order to file a lawsuit for shaming on Facebook or online shaming, you can use the provisions of the Defamation Law in the services of Defamation lawyer. חוק זה מגדיר מהי "slander" ולאחר קריאת ההגדרה ברור מדוע הדבר רלוונטי גם ל"שיימינג":

Defamation is something whose publication may –

(1) To humiliate a person in the eyes of others or to make him a target of their hatred, contempt or ridicule;

(2) To denigrate a person because of actions, behavior, or qualities attributed to him;

(3) To harm a person in his position, whether a public office or another position, in his business, occupation or profession;

(4) To demean a person because of his race, origin, religion, place of residence, age, gender, sexual orientation or disability;

כיום, חוק איסור לשון הרע מאפשר לתבוע על כל שיימינג שנכנס להגדרת "לשון הרע" פיצוי כספי בסכום העולה מעט על 70 אלף ש"ח Without proof of damage. כלומר, אם בוצע שיימינג ב-5 קבוצות פייסבוק שונות או שיימינג באינטרנט באתרים שונים (על ידי אותו אדם) ניתן יהיה להגיש נגדו תביעה בסך 70 אלף ש"ח כפול 5 = 350 אלף ש"ח.

Additionally, if there has been Facebook shaming or online shaming With the aim of harming (לדוגמה: כדי לפגוע בשמו הטוב של עסק או כדי לגרום לפיטוריו של אדם אחר) ניתן לדרוש פיצוי כספי כפול שיכול להגיע לקצת יותר מ-140 אלף ש"ח בגין כל פרסום Without proof of damage. כלומר, אם נתייחס לדוגמה הקודמת ובוצע שיימינג בפייסבוק או שיימינג באינטרנט בחמישה אתרים שונים, ניתן יהיה להגיש תביעה על שיימינג בסכום שיגיע עד 140 אל ש"ח כפול 5 = 700 אלף ש"ח.

Section 58 of the Torts Ordinance

Section 58 of the Torts Ordinance is much less common in shaming lawsuits, but it is a section that is especially worth knowing if It is possible to prove that financial damage has been caused to the business or livelihood. Following Internet shaming. This section states:

(a) A defamatory statement is the publication of a false statement with intent, whether orally or otherwise, concerning a person's business, profession, trade, or goods or property rights; However, no compensation shall be paid to a person for such publication unless he has suffered financial damage as a result.

(ב) "פרסום", לענין סעיף זה – כמשמעותו בסעיף 2 לחוק איסור לשון הרע, תשכ"ה–1965.

Section 2 of the Commercial Torts Law

If one business decides to shame another business on Facebook or online, it will be possible to file a lawsuit against it for shaming under Section 2 of the Commercial Torts Law, which states as follows:

(a) A dealer shall not publish information or cause information to be published that he knows or should have known is untrue, regarding his business, profession, property or service or that of another dealer (hereinafter – false description).

(b) The person who distributes an advertisement by or on behalf of another dealer that includes a false description, or the person who actually decided to publish such a false description, shall not be liable under this section, unless he knew that the description was false, or that the description was false on its face.

What to do before filing a lawsuit for Facebook shaming or online shaming?

Addressing the person who committed the shaming

One of the main goals of a person who has been shamed online or Facebook-shamed is to delete the offending post as quickly as possible. In the vast majority of cases, a lawsuit for Facebook-shaming or Internet-shaming will not lead to this result immediately (requests for temporary relief in the form of deleting the offending post until the lawsuit is investigated are rarely received).

For this reason, before filing a claim for Facebook shaming or online shaming, it is recommended to contact the person who committed the shaming and ask them to delete the post. If the author of the post refuses to delete the offensive post, this may certainly be a relevant consideration when awarding damages after filing a claim for Facebook shaming or online shaming.

Documenting the shaming

In order to file a lawsuit for Facebook shaming or online shaming, you need to prove to the court that the shaming you claim actually took place. For this reason, it is very important to document the offensive post. It is highly recommended to document not only the offensive post itself but also the comments written by other people (who can further shame you and sue you separately), the number of likes and the number of shares the post received.

Finding the details of the post author

You cannot file a lawsuit for Facebook shaming or online shaming without knowing who you are suing. For this reason, you need to locate the exact details of the post writer (including address and ID number). Sometimes this can be done by contacting the Population Authority and producing an output that includes the required details. The problem begins when the writer of an offensive post has a very common first and last name or when there is a concern about a fictitious profile. In these cases, there may be no choice but to hire the services of a private investigator.

Who can be sued for Facebook shaming or online shaming?

Since one of the main goals when filing a lawsuit for Facebook shaming or online shaming is to remove the offensive advertising, the lawsuit should also be filed against the platform through which the advertising was made, so as to avoid a situation where the defendant does not remove the offensive advertising at the end of the lawsuit.

For example: If the advertisement was made on Facebook – it is worth suing Facebook as well. If the advertisement appears in Google search results – it is worth suing Google as well (but before that you can contact and request deletion of information from Google). If the advertisement was made on YouTube – it is worth suing YouTube as well.

In these cases, most often, the demand against those companies is only to remove the offensive advertising, and not a demand for financial compensation, because it would be difficult (and sometimes impossible) to attribute responsibility to them for the offensive advertising, but since those companies have control over their platform, a claim for shaming may certainly be accepted and they will have to remove the advertising.

Should I file a lawsuit for Facebook shaming or online shaming in small claims court?

If the purpose of filing a shaming lawsuit is to obtain financial compensation limited Very, then the answer is definitely yes. A small claim is a relatively quick and relatively inexpensive procedure, but as I mentioned, the amount of financial compensation will usually be very low.

However, if the purpose of the lawsuit is to obtain significant financial compensation, and more importantly, to ensure that the offensive post is removed, there is no choice but to file a shaming lawsuit in the Magistrate's Court. The reason for this lies in the fact that the Small Claims Court simply does not have the authority to issue an order requiring the publisher of the post to remove the offensive publication.

Frequently Asked Questions Regarding Shaming Claims