Libel Lawyer Eddie Blitstein
Have you been publicly defamed? Have you been tarnished on the Internet or on Facebook? Have you been spread false stories about yourself with the aim of harming you?
You are entitled to financial compensation of up to 165,000 ש"ח For any offensive advertising And without having to prove that you have suffered any damage
Defamation lawyer Eddie Blitstein represents plaintiffs and defendants in defamation lawsuits.
A defamation lawsuit should be considered in those cases where there is evidence that the offensive statement or statements were made publicly. To the extent that the offensive statement was made only to the victim, there is no basis for filing a defamation lawsuit.
Before you Example of a defamation lawsuit (libel).
The amount of compensation is determined according to several parameters: the severity of the offensive statement, how many people were exposed to the offensive statement, and whether or not the offender apologized.
If it is an offensive statement that was published, for example, via a Facebook post - does the post still exist or has it been deleted?
In most cases, it is highly advisable to seek the assistance of a lawyer who represents defendants in defamation lawsuits. In some cases, it will be appropriate to apologize for the offensive statement in order to minimize risks, and in other cases, it will be necessary to categorically and completely refute all claims. Each case will be examined on its merits.
If a defamation lawsuit has been filed against you, you are welcome to contact us to review the case and build a proper defense strategy for your case.
The fees vary from claim to claim depending on its complexity. The more complex the case, the higher the fees will usually be.
Our firm has been representing both plaintiffs and defendants in defamation lawsuits for many years, with great success.
Recommendations we received from the firm's clients
How can a defamation lawyer help you?
The field of defamation is a legal field that is constantly being updated. It is not enough to review the provisions of the Defamation Law in order to file a defamation lawsuit or defend against a defamation lawsuit. Only a defamation lawyer who practices in this field regularly and keeps up to date with court rulings will be able to file a defamation lawsuit for you that will lead to the highest possible financial compensation.
Even before filing a lawsuit, a defamation lawyer can guide you on what evidence to collect in order to substantiate your claim. The statement of claim Or in order to refute the allegations detailed in the lawsuit filed against you.
Do you also want to win high financial compensation due to defamation? Contact us now Defamation lawyer To examine your chances of success.
What actions are recommended before filing a defamation lawsuit?
Before you contact a defamation lawyer, it is recommended that you take the following steps:
1. Document the offensive posting using a screenshot or conversation recording.
2. Contact the person who made the offensive posting in writing or via recorded conversation and demand the removal of the posting and the issuance of an apology.
3. Document the response of the person who made the offensive posting.
Contacting a defamation lawyer after taking these simple steps will, in most cases, allow you to file a defamation lawsuit more quickly.
A defamation lawyer will help you win financial compensation.
The Defamation Law states that in the event that an offensive advertisement is published, for example Online shaming או פרסום פוגעני בפייסבוק אשר נועד לבזות מישהו, הנפגע רשאי לדרוש, נכון להיום, פיצוי כספי בגובה עד כ-82 אלף ש"ח (הסכום מתעדכן מעט מדי שנה). יחד עם זאת, אם הנפגע מצליח להוכיח שפרסום הוצאת דיבה נועד על מנת לפגוע הפיצוי עשוי להיות כפול ולהגיע עד כ-160 אלף ש"ח (הסכום מתעדכן מעט מדי שנה).
It is not always clear what the difference is between the two injuries, which lead to completely different compensation amounts, so it is important to consult with a defamation lawyer so that he can examine your case and know how to steer your claim to the correct compensation amount.
To clarify things, we will present two situations:
A. Person A wrote about Person B, whom he did not know, that he (Person B) had stolen something. There was no prior acquaintance between the two people. A's publication reached the attention of many.
on. Person A wrote about Person B, whom he does know and they work together, that Person B stole something from the workplace. A's publication reached many people.
A's goal in the offensive advertisement is to cause B's dismissal so that A can take his place at the workplace.
In the first case, a defamation lawyer will explain to the victim that according to the law and case law, there is a higher chance of winning financial compensation for the offensive publication in the amount of up to 82,000 shekels.
לעומת זאת, במקרה השני עורך דין הוצאת דיבה יבהיר לנפגע שישנו סיכוי גבוה להוכיח שהפרסום הפוגעני נועד לפגוע (כלומר הייתה "כוונה"), ולכן ישנה אפשרות לדרוש פיצוי כספי בגין הוצאת דיבה עד גובה של כ-165 אלף ש"ח.
Is it worth filing a defamation lawsuit in any case?
The answer to this is no. Not in every case will a libel lawyer be able to recommend that a client file a libel lawsuit, and there are several reasons for this:
1. Not every case is suitable for filing a defamation lawsuit. – Not every offensive publication or offensive statement will lead to financial compensation in court. The courts have ruled many times that street swearing does not constitute defamation, and therefore, although it may be offensive and insulting, it will not lead to financial compensation.
2. No public announcement was made as required by law. – In order to be able to file a defamation lawsuit and demand financial compensation, it is mandatory that the publication reach at least one other person besides the injured party. If it is only an offensive statement made by one person to another, there is no chance of a defamation lawsuit being successful and no defamation lawyer will be able to help in this case.
3. The plaintiff has no evidence to prove his claims. – In order to win a defamation lawsuit, the plaintiff must prove that offensive advertising was made and that it reached a wide audience. As with any other lawsuit, the burden of proof lies with the plaintiff, and if he fails to prove his claim, it may be dismissed and the plaintiff may be required to pay legal costs.
We will illustrate the problem in this situation with an example: A shouted on the street that B was a crook and a thief. Many people were present on the street at the time and heard what was said. B does not know any of the people on the street and did not record A's statement. In such a situation, a libel lawyer will explain to the client that his chances of winning the lawsuit without bringing even a single witness to court are very low. Unless B locates one of the people who were present on the street at the time and who actually heard A's statement, there is no chance of the libel lawsuit succeeding.
A lawsuit for online defamation
Defamation cannot occur without the element of publicity. That is, if offensive things are said that are not public, the victim will not be able to claim financial compensation by virtue of the defamation. חוק איסור לשון הרע, תשכ"ה – 1965.
In recent years, the Internet has become an integral part of our lives. Various forums have been created, where one can register without providing real details, and through which one can defame a person without identifying themselves. Social networks have also been created, similar to Facebook, where many people feel comfortable defaming other people (openly or under a pseudonym). These defamations may fall under the definition of slander and may entitle the victim to significant financial compensation.
Libel on the Internet can be particularly damaging given the enormous potential for exposure. For example: Libel on Facebook may reach all of the advertiser's friends (on Facebook). Sometimes this publication may also reach the friends of the friends on Facebook (depending on the advertiser's settings on Facebook). In other words, the number of people exposed may be very high, and the victim has no control over this.
In order to deal with online defamation, it is very advisable to first contact the advertiser in writing and demand the removal of the advertisement. This may be (relatively) simple if it was done via a social network, but more complicated if the online defamation was done via a forum posting that allows anonymity. In these cases, you can contact the website owner and demand the removal of the defamatory advertisement. If the website owner does not agree to remove the defamatory advertisement, he may himself be exposed to legal action.
בין אם המפרסם הסיר את הפרסום המהווה הוצאת דיבה, ובין אם לא, עומדת בפניכם האפשרות להגיש תביעה לבית המשפט ולדרוש מהמפרסם את הפיצוי הקבוע בחוק בגין פרסום הוצאת דיבה. נכון להיום פיצוי זה עומד על כ-70 אלף ש"ח, ואם מוכח כי הייתה כוונה לפגוע, ניתן להגיש תביעה על סכום כפול. יודגש, תביעה בגין הוצאת דיבה ניתן להגיש גם אם לא ניתן להוכיח שנגרם לנפגע נזק כלשהו.
A lawsuit for defamation at work
בדומה להוצאת דיבה באינטרנט, הוצאת דיבה בעבודה מחייבת פרסום ברבים (לדוגמה: הודעת דוא"ל שהופצה בין כל הקולגות בעבודה, אמירה שנאמרה בפני אנשים נוספים). ככל שהאמירה או הפרסום הגיעו לידיעת אנשים רבים יותר, כך הפיצוי הכספי עשוי להיות גבוה יותר.
In this case too, it is recommended to contact the offending party/publisher in writing (a written request can serve as evidence that you can present in the future in the labor court) and demand that he retract the publication and apologize. An apology may reduce the financial compensation awarded by the court, but on the other hand it constitutes an admission of the publication and the claims of the injured party, which may make things much easier for the injured party during the legal proceedings.
The amounts of compensation in this case are no different from the amounts of compensation relevant to online defamation. In these cases too, it is not necessary to prove that damage was caused in order to claim financial compensation.
To be clear, defamation lawsuits are not a simple legal process and require extensive legal knowledge. Defending a defamation lawsuit may result in the lawsuit being dismissed and the plaintiff being required to pay legal costs. In order to maximize the chances of a lawsuit being successful and receiving financial compensation, it is highly recommended to seek the services of an experienced defamation lawyer who regularly practices in this field and is familiar with the legislation and court rulings on this matter.
How does the court examine whether offensive advertising is defamation?
This issue was discussed in the Supreme Court ruling (the Supreme Court ruling is binding on other courts) in the matter ע"א 6903/12 Canwest Global Communications corp נ' אלי עזור.
Judge Fogelman ruled that a publication that is alleged to be defamatory must be examined in four stages:
1. האם מה שפורסם מהווה "פרסום" על פי חוק איסור לשון הרע.
2. Does what was published constitute defamation (the meaning of the publications in an objective context, that is, according to the standards of a reasonable person) as stipulated by law?
3. Does a defamatory publisher have protections under the Defamation Law?
4. If the publisher of a defamatory statement has no defenses, one must examine what the appropriate compensation is for publishing a defamatory statement in the circumstances.
From the above, it follows that it is sufficient that one of the first two conditions is not met for a court to dismiss a claim for defamation.
The relationship between defamation and freedom of expression
Defamation law reflects a delicate balance between conflicting rights and interests. On the one hand: the right to a good name and on the other: the right to freedom of expression. In the ruling, the court summarized it as follows:
In summary, it is sufficient to say that the right to a good name is a broad right intended to protect a person's self-esteem and dignity., And it's based on the human need for internal appreciation., With personal pride and social recognition… In the Avnery matter, this court noted that "Human dignity and good name are sometimes as important to a person as life itself., They are often more precious to him than any other asset." …
…
On the other hand, there is the right to freedom of expression.. Freedom of expression expresses the importance of exercising one's right to personal autonomy and self-expression.. "It is essential to ensuring the integrity of the democratic process., Built on the free expression of will and opinion of every person; It constitutes the ideological and practical foundation for the government elected in free elections., In a process whose main focus is freedom of opinion and choice"…
The degree of protection of freedom of expression will be determined by Type of expression and its characteristicsIt must be examined whether the expression constituting defamation may constitute Public interest And what is it? The extent of its potential impact on public life.
מהו "עניין ציבורי" This is a question that has been widely discussed in case law. In one case, it was ruled that a public interest can be raised by anyone. "In one area or another of society – culture, company, communication, כלכלה – הגיע לעמדה אשר מביאה אותו לאור הזרקורים".
To summarize this point, the greater the public's interest in knowing certain information, the greater the freedom of expression may outweigh a defamation claim.
Defamation in a business dispute
הוצאת דיבה בסכסוך עסקי בעלת מאפיינים דומים למקרים אחרים. גם במקרה זה יש לבחון מי הדמויות המעורבות בסכסוך ועד כמה יש לציבור עניין במידע שפורסם. ככל שמדובר באיש ציבור או בחברה ציבורית או ממשלתית כך יגבר העניין הציבורי בפעילותם. גם אם מדובר בסכסוך בין גורמים "פרטיים" לחלוטין יש לבחון עד כמה האדם הממוצע מכיר את איש העסקים או החברה הרלוונטית, ועד כמה אותו אדם זוכה לסיקור תקשורתי. כמו כן, יש לתת את הדעת על אופי הסכסוך העסקי והאם לסכסוך זה השפעה על סוגיות מרכזיות הרלוונטיות לציבור הישראלי.
Similar to elected officials, Also business people who provide a product or service in a competitive market "Giving up" For a certain degree of protection of their right to good name, Given the reasonable expectation that their conduct will be subject to criticism.
Also, the premise of the case law is that when a publication that constitutes defamation is published by a business rival, the reader treats this information with suspicion, and therefore the fear of harm to a person's good name is weakened.
In order to reach the conclusion that defamation in the context of a business dispute should be compensated, the extent of the harm caused by the publication must be examined. In these cases, the severity of the offensive expression is examined, the manner in which the conflict between the parties is described (whether the positions of all parties were presented or only one position, whether it was announced that there was a business dispute between the parties or not). The entire publication must be read and not referred to only parts of it, because a full context may reduce the intensity of the harm.
To summarize this point, in order to examine whether an advertisement constitutes defamation in the context of a business dispute, it is necessary to examine whether the parties or the advertisement are related to a public interest, and how the matters were presented to the reader. If the advertiser has published all the relevant information, including that the parties are in a business dispute, the advertiser may have a good defense against a defamation claim.
To file a defamation lawsuit, the publication must address the victim.
To file a defamation lawsuit, it is not enough for the victim to guess that the publication refers to him; rather, the publication must refer to the victim explicitly or implicitly.
This issue was examined in a ruling in a lawsuit against Facebook – ת"א 35377-03-17 דורי בן ישראל קריו נ' פייסבוק ישראל בע"מ, פסק דין מיום 12.12.2018.
במקרה הנדון התובע הוא בעליו של אתר האינטרנט "מזבלה" אשר הפיץ את פרטיהם האישיים של עובדי פייסבוק במטרה לאפשר לגולשים ליצור איתם קשר באופן אישי, בכל מקרה שיחפצו.
על מנת למנוע התנהלות זו פייסבוק סימנה כל קישור המוביל לאתר האינטרנט שהוקם על ידי התובע לצורך הפצת פרטי עובדי פייסבוק כ"ספאם". בהודעה הראשונה בפייסבוק נכתב כך:
"Did you post this? It looks like it might be spam.
If you didn't post this yourself we'll help you secure your account now. learn more".
And the second message on Facebook read:
"The content you're trying to share includes a link that our systems detected to be unsafe…"
The plaintiff argued that these messages justify monetary compensation in a defamation lawsuit he filed because these messages lead to the conclusion that his website is not secure and constitutes spam.
בית המשפט המחוזי דחה את התביעה בגין הוצאת דיבה, ואף חייב את התובע ב-30 אלף ש"ח הוצאות משפט. בין היתר נקבע על ידי בית המשפט כך:
In order for a plaintiff to have a cause of action for defamation, the defamatory publication must be directed directly and specifically at the plaintiff. The plaintiff must be specifically identified in the defamatory publication, even if the defamatory statements are implied.
This warning message issued by Facebook speaks of the possibility that this is spam, or an unsafe site. There is no specific reference to the plaintiff's name and nothing can be understood as being slanderous, assuming that these are slanderous words, towards the plaintiff.
העובדה שבהודעה השנייה מצוין הקישור לאתר "מזבלה", does not make the automatic statement one that specifically refers to the plaintiff.
These are automatic messages sent to users who attempt to post a link to a site or sites that have been blocked from sharing, explaining why the link is not shareable.
The user explained that the reader of this warning does not see it as an attack on the good name of the person who operates the site, but rather as a concern about the existence of an offensive site.
In other words, there is a clear separation between the plaintiff and the sites he operates, and there is no evidence that the statements published by Facebook Ireland were directed at the plaintiff personally, or that a reasonable user could have concluded that these were insults, scorn, and ridicule directed at the plaintiff himself, and the subjective feelings of the victim cannot play any role in this matter (see ע"א 4534/02 רשת שוקן בע"מ נ' הרציקוביץ, פ"ד נח (3) 558). Furthermore, one should not focus on certain words while taking them out of context, as the plaintiff seeks to do (see ע"א 751/10 פלוני נ' ד"ר אילנה דיין – אורבך (Published in Nevo on February 8, 2012)
What to do if you are threatened with a defamation lawsuit?
As previously noted, not every offensive post constitutes defamation, and not every offensive post will lead to financial compensation in court. This does not prevent any person who feels that they have been harmed by any post from contacting the person who posted the post and threatening them with a defamation lawsuit.
In most cases within the framework Warning letter before taking legal action There is a requirement to do at least one of the following three things:
1. Delete the offensive post.
2. Issue a public apology.
3. Pay financial compensation.
It is important to note that any action you take at this stage may affect how your defense will be handled by a libel lawyer, should a libel lawsuit actually be filed. It is important to understand that deleting the post and/or issuing a public apology does not protect you from a libel lawsuit. Quite the opposite. In such a situation, there is a higher likelihood that a libel lawsuit will be filed and your defense is likely to be much more complex.
In these cases, it is recommended to consult with a defamation lawyer before taking any action in order to understand your legal exposure. If it turns out that the post you published does indeed constitute defamation under the provisions of the Defamation Law, it may be appropriate to delete the post and apologize while obtaining a written commitment from the victim that they will not file a defamation lawsuit against you in the future.
On the other hand, if it turns out that the post you wrote does not constitute defamation under the Defamation Law, it may be right to simply ignore the demand altogether or respond and detail why you reject the demands. Of course, each case must be examined on its own merits.
Examples of rulings in defamation cases and the amount of damages
Defamation lawsuit regarding Facebook advertising (small claim)
בת"ק 58833-02-21 שגב ישראל אפריאט נ' קשת דוד לביא (פסק דין מיום 6.2.2022) נפסק כך:
The question of financial compensation in the counterclaim remains for discussion.
It appears that the plaintiff is not learning and is not taking his lessons into account.
Despite being sued for defamation several times by the company and those employed or associated with it for defamation, he does not learn to be careful with his words.
Despite the ruling in the Bespalov case issued in December 2020, which unequivocally determined the lack of factual basis for his claims, he found it appropriate to repeat the exact same claims in both the statement of claim and the counter-statement of defense, even without attempting to prove them again.
Therefore, I order the plaintiff to pay the defendant compensation in the amount of 33,000 NIS.
The plaintiff will also pay the defendant legal costs in the amount of 2,000 NIS.
A lawsuit for defamation between a tenant and a landlord (Magistrate's Court)
בת"א 3658-07-18 ג'ורג' כחלון נ' אורלי כהן ואח' (פסק דין מיום 1.2.2022) נפסק כך:
נוכח כל האמור לעיל, אני מחייב את הנתבעת לשלם לתובע את הסך של 86,000 ₪. כן תישא הנתבעת באגרת המשפט, שכר מומחים, שכר עדים, ובנוסף בשכ"ט עו"ד בשיעור של 20% מהפיצוי, בצירוף מע"מ.
The lawsuit against Reshet is dismissed. The plaintiff will bear Reshet's legal costs in the amount of 20,000 NIS.
A lawsuit for defamation between a customer and a business (Magistrate's Court)
בת"א 11676-05-18 אבידן בנקס נ' צביקה פרץ (פסק דין מיום 1.2.2022) נפסק כך:
אני מחייבת הנתבע לשלם לתובע סך של 30,000 בצירוף הפרשי הצמדה וריבית מיום הגשת התביעה ועד התשלום בפועל, ובצירוף הוצאות לרבות שכ"ט עו"ד בסך 5,000 ₪.
A defamation lawsuit between an employee and a former employer over a Facebook post (Labor Court)
בסע"ש 57837-11-18 ילנה מיניאייב נ' ילנה קלוז'סקיה (פסק דין מיום 28.1.2022) נפסק כך:
This is a case of defamation and slander that was intended to humiliate and disparage the plaintiff and harm her professional future. The defendant does not have the protections provided by law and her claims have not been proven. We cannot agree to a situation in which a post is published that could be viewed by thousands of people (of whom there is no dispute that dozens are in Israel) solely to 'relieve' the feeling.
On the other hand, weight should be given to the fact that the post was removed shortly after it was uploaded (page 6, lines 32-33).
בנסיבות אלו ובהתאם לשיקול דעת ביה"ד מצאנו לחייב את הנתבעת לשלם לתובעת פיצוי בסך של 35,000 ₪ בהתאם לסעיף 7א' לחוק (פיצוי ללא הוכחת נזק).
A lawsuit for defamation against the state for unlawful foreclosures (Magistrate's Court)
בת"א 44813-12-19 עידית בן ארי נ' מדינת ישראל (פסק דין מיום 28.1.2022) נפסק
כבר צוין לא אחת כי חזקה היא כי נגרם נזק מעצם פרסום לשון הרע המצדיק פסיקת פיצוי, אף ללא הוכחת נזק מיוחד (ר' ע"א 2668/97 רו"ח דורון רופין נ' גלובס פבלישר עיתונות (1983) בע"מ, Na(1) 72 ((1998).
…
לאור כל האמור לעיל, הנני מחייבת את הנתבעת לשלם לידי התובעת פיצוי בסך 70,000 ₪. הנתבעת תישא בהוצאות התובעת כפי שהוצאו בפועל. כן, תישא הנתבעת בשכ"ט עו"ד בסך כולל של 1
Eddie Blitstein, an experienced libel lawyer
Attorney Eddie Blitstein is a libel lawyer who over the years Representing plaintiffs and defendants Very many in the context of defamation lawsuits. Attorney Eddie Blitstein Makes sure to stay up-to-date on court rulings so that he has the best legal tools to represent his clients in defamation lawsuits.
The legal service provided by Attorney Eddie Blitstein is highly appreciated by the firm's clients, and you can read warm recommendations at the beginning of this page.
