אדם השוקל הגשת תביעה בגין הוצאת דיבה בוואטסאפ צריך לדעת שעליו תחילה לעמוד בהוראות חוק איסור לשון הרע אשר קובע באילו תנאים הוא עשוי לקבל פיצוי. שני הדברים שיש לדעת בחוק זה הם: 1. מספיק שהפרסום הפוגעני יגיע לידיעתו של אדם אחד נוסף (מלבד הפוגע והנפגע); 2. הפרסום הפוגעני צריך להכנס להגדרת "slander" הקבועה בחוק (ההגדרה המתייחסת לאמירות אשר עשויות לבזות או להשפיל, וכו').
If one of the conditions listed above is not met, it will not be possible to file a lawsuit for defamation or for offensive advertising on any other platform. In other words, even if offensive statements were written and sent on WhatsApp to the victim only, it is not possible to file a lawsuit for defamation because those offensive statements did not come to the attention of another person. To examine the conditions for filing a lawsuit, and the chances of success, it is worth contacting Defamation lawyer.
What is the amount of financial compensation that can be claimed for defamation on WhatsApp?
The Defamation Law addresses two possible situations in which financial compensation can be claimed after defamation on WhatsApp. The first situation is a publication made without the intention to harm, and the second situation is a publication made with the intention to harm.
בגין פרסום הוצאת דיבה בוואטסאפ ללא כוונה לפגוע, הנפגע רשאי לדרוש פיצוי כספי בסך עד כ-82 אלף ש"ח (הסכום מתעדכן מעט מדי שנה). בגין פרסום הוצאת דיבה בוואטסאפ בכוונה לפגוע, הנפגע רשאי לדרוש כפל פיצוי – כלומר עד כ-165אלף ש"ח (הסכום מתעדכן מעט מדי שנה).
In both cases, it is a matter of monetary compensation. Without proof of damageThis means that the victim does not have to prove that he was harmed in any way, or show exactly how he was harmed. However, if the victim can prove that he suffered some damage as a result of the offensive publications, the amount of the claim can be higher.
בנוסף, סכום הפיצוי תלוי גם במספר הפרסומים שבוצעו בוואטסאפ. ככל שהפוגע פרסם יותר פרסומים פוגעניים כך גובה הפיצוי צפוי להיות גבוה יותר. לדוגמה: אם הפוגע פרסם שלושה פרסומים בכוונה לפגוע בנפגע, ניתן להגיש תביעה לפיצוי כספי בגובה 3 * 165,000 ש"ח = 495,000 ש"ח.
בנוסף לסכומים אלה, הנפגע רשאי לתבוע בגין "נזק כללי". נזק כללי הוא נזק לא מוחשי. פסיקת בית המשפט העליון הכירה באפשרות להגיש תביעה לאחר פרסום הוצאת דיבה בוואטסאפ או בכל פלטפורמה אחרת ולדרוש פיצוי כספי בגין נזק כללי. בין היתר נקבע על ידי בית המשפט העליון כך:
First, Barak argues that since the District Court determined that the specific damages claimed by Alon were not proven, the damages awarded are statutory damages without proof of damage, by virtue of Section 7A of the Law. This claim is fundamentally wrong. The court did indeed determine that Alon did not prove specific damage, but it also accepted his claim for general damage. Note: Compensation for general damage is not the same as compensation without proof of damage. This is compensation for damages that occurred and were proven – despite being intangible. Therefore, the claim that compensation for this damage is limited to a sum of NIS 50,000 cannot be accepted, nor can the claim that Alon did not claim compensation at all under Section 7A.
How does the court determine the appropriate compensation after defamation on WhatsApp?
WhatsApp allows one-on-one or group correspondence. When it comes to one-on-one correspondence, it is not possible to file a defamation lawsuit. However, when it comes to correspondence conducted within a WhatsApp group (for example, a school group, a neighborhood group, or a home committee group), this is a classic case for filing a defamation lawsuit.
In order to determine the appropriate amount of compensation after defamation, the court first examines the statements that were written. The more serious the statements, the higher the amount of compensation may be. For example: There is a difference between calling someone a Nazi or a fascist and calling someone a maniac. While for the statements Nazi or fascist you are expected to receive financial compensation, for the statement maniac you will very likely not receive financial compensation at all. The trend in the courts is not to award any financial compensation for street swearing, otherwise the courts will be overloaded solely with lawsuits filed for this type of swearing.
In addition, the court will examine whether there was an intent to harm or not. There is a difference between advertising that someone is a known pedophile with the aim of getting their employer to fire them (intent to harm), and advertising Negative review About a business because the service at the business was poor.
Another factor taken into account in determining the appropriate amount of compensation for defamation on WhatsApp is the size of the WhatsApp group. There is a difference in the amount of compensation in a situation where there is a group of 5 people and the amount of compensation when the WhatsApp group has 50 or 500 people. The larger the group, and the more people were exposed to the offensive statements, the higher the amount of compensation will be.
The court will also consider how many offensive publications were involved. More offensive publications lead to higher financial compensation.
Finally, the trial court will also examine whether the defamation law's protections apply to the offensive publications. For example, the protection of truth in advertising or the protection of truth in speech. If any protection applies to the offensive publication, it is very possible that the plaintiff will not receive even a single shekel from the defendant.
What to do after publishing a defamatory post on WhatsApp?
In order to win a lawsuit after defamation on WhatsApp, the plaintiff must prove that the publication actually took place. That is, when it comes to defamation on WhatsApp, the victim must immediately take a screenshot of the offensive publication. It is important that the screenshot shows the name or phone number of the advertiser, and of course the content of his message.
Another thing you should do immediately is take a screenshot of the number of people participating in the group, in order to prove to the court that it is as widespread as possible (which will affect the amount of compensation).
In order to increase the amount of compensation for defamation on WhatsApp, it is possible to demand that the advertiser immediately delete what he wrote and publicly apologize in the group. In my experience as a lawyer who has represented many plaintiffs and defendants in lawsuits after defamation on WhatsApp and other platforms, it is rare for the advertiser to comply with the demand, delete the offensive publication, and apologize. It is precisely this insistence that leads to an increase in the amount of compensation awarded in favor of the injured party (the plaintiff) at the end of the lawsuit.
You can also consider sending Warning letter On behalf of a lawyer representing you, before filing a lawsuit. Such a letter has several advantages and disadvantages (on the one hand, your demands may be met after sending such a letter, and on the other hand, it may not and you will still have to pay for sending the warning letter). The most notable advantage is that you can explain to the court that you did everything possible to avoid filing a lawsuit after being defamed on WhatsApp, but the infringer's disregard left you with no other choice but to file the lawsuit. This may affect both the amount of financial compensation that will be awarded in your favor, and the amount of legal costs that will be awarded to the defendant.
Is it worth filing a lawsuit for defamation on WhatsApp in small claims court?
חשוב לדעת שבהחלט ניתן להגיש תביעה בגין הוצאת דיבה בוואטסאפ לבית משפט לתביעות קטנות. בדרך כלל המלצתי היא להגיש תביעה קטנה בגין הוצאת דיבה בוואטסאפ כאשר מדובר במקרים בהם מדובר בקבוצות קטנות מאוד (עד 10 אנשים). במקרים אלה הסבירות שבית המשפט יפסוק פיצוי כספי שעולה על 40 אלף ש"ח (גובה הסמכות של בית משפט לתביעות קטנות – הסכום מתעדכן מעט מדי שנה) אינה גבוהה.
On the other hand, when it comes to a WhatsApp group with dozens of participants, filing a lawsuit for defamation on WhatsApp in small claims court is a mistake. In these cases, the plaintiff (the injured party) may simply forego additional financial compensation in advance that he could have received if he had filed the lawsuit in the Magistrate's Court. In borderline cases, it is worth consulting with Defamation lawyer To obtain more information.
Frequently Asked Questions Regarding Defamation on WhatsApp
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Is it possible to receive financial compensation for defamation on WhatsApp?
Yes, in the case of an offensive post published in a WhatsApp group and not in correspondence between just two people.
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Is it possible to file a lawsuit for defamation on WhatsApp in the District Court?
Theoretically this is possible, but we must remember that the District Court handles claims in amounts exceeding 2.5 million shekels. In order to file a defamation claim with the District Court, the amount of offensive statements that were published must be very large.
In practice, it is rare to find a defamation lawsuit that begins in the district court.
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Do I have to hire a lawyer to represent me in a lawsuit after being defamed on WhatsApp?
As long as it is a small claim, you do not need a lawyer.
If you intend to file a lawsuit with the Magistrate's Court, you should hire the services of a lawyer who deals with defamation and libel, and who is well-versed in the relevant legislative provisions and case law.
Hiring the services of a lawyer who is not experienced in this field will lead to the loss of the claim or receiving financial compensation that is significantly lower than what the plaintiff could receive. -
How long does a lawsuit for defamation publication on WhatsApp take?
Usually more than a year, unless the parties reach a compromise earlier.
