Human dignity is a first-rate value and principle. Among other things, the right of every person to enjoy his good name. Damage to a person’s good name is damage not only to human dignity, but also to his good name, his profession, his family and his immediate environment. Therefore, with the understanding that “good name” is invaluable, the legislature imposed a ban on libel, that is – on defamation. In the following article, we will explain what defamation lawsuits are. Among other things – we will also address an issue that concerns many and that is defamation lawsuits between spouses. All this – for your information and convenience, the surfers and surfers:
Note – The article below is a general article only and is not a substitute for specific legal advice from a family lawyer.
Which law regulates the laws of defamation?
Defamation is a civil tort and – contrary to popular belief – it may also be a criminal offense. The law regarding defamation is set forth in a special law, which is called the Prohibition of Defamation Law, 5755-1965 (hereinafter: “the Prohibition of Defamation Law”). The Defamation Prohibition Act also prescribes the possible procedure available to a person harmed for defamation. A person.
What is libel?
Defamation is defined as something, the publication of which may harm a person’s good name, demeanor, or harm a well-known messenger as well as statements directed at a person’s sexuality, race, religion, nationality to which he belongs and more. The definition of defamation is set out in section 1 of the Prohibition of Defamation Law. Due to the importance of the matter, we will quote the provisions of the section in full: “Defamation is something whose publication may – (1) humiliate a person in the eyes of the people or make him a target for hatred, contempt or ridicule on their part; (3) to harm a person in his position, whether public or other, in his business, profession or profession; We emphasize that in order for defamation to be recognized as an “injustice” by virtue of the aforementioned law, publication is necessary.
“Advertising” is basically any advertising made for two people or more. Let us explain – when a person says something that is defamatory to an anonymous person, in his face, when no other person is present at the moment of the incident, then there is no publicity, since the statement was directly intended for the victim, in his presence, without another person present. However, if at least one person is present at the time of speaking, then the element of “publication” required by the Prohibition of Defamation Law – exists.
Defamation – About whom?
The Prohibition of Defamation Law stipulates that a defamation lawsuit against a public will not be recognized. However, a defamation lawsuit against a person is a possible thing, as is a defamation lawsuit against a commercial company.
Compensation for defamation:
As we have described, the Prohibition of Defamation Act gives a person three legal tools. The most common, is the civilian tool. The Prohibition of Defamation Law stipulates that a person who is injured due to defamation may file a civil lawsuit and even receive compensation of up to NIS 50,000 without any proof of damage. However, if the injured person can indeed prove that he was harmed, then he will be allowed to do so.
At the same time, another legal tool is the criminal complaint tool. The Prohibition of Defamation Act is one of the laws under which an individual can file a criminal indictment for anything and everything, against another person. However, in such cases – the complainant must act as a lawyer representing the State of Israel. We will not expand on this point, as it is a separate and broad topic. The third tool is the possibility of filing a complaint with the Israel Police. Today – the police do not enforce the criminal prohibition law with criminal tools.
Defamation between spouses:
Defamation lawsuits between spouses are commonplace. There is no impediment to filing a defamation suit against a spouse, or a divorcee or a divorcee. More often than not, these lawsuits are filed for defamation on a social network, against third parties for the purpose of violating child custody arrangements and many more examples. If you have been slandered by a spouse, it is highly advisable to seek the help of a family lawyer to examine your rights.
For more information: Legal