Defamation and libel lawsuits - Best lawyers

When you find yourself harmed by defamatory, offensive, or false publications that damage your good name and reputation, you have powerful legal tools at your disposal to deal with the situation. The terms "defamation" and "libel" are legal expressions describing this harm, and they form the basis for filing a defamation lawsuit aimed at restoring your honor, preventing further dissemination of the statements, and imposing compensation on the offending publisher. To successfully navigate this complex legal path, it is important that you understand the definitions, differences, and possible courses of action, preferably with professional guidance from an experienced defamation attorney or libel lawyer.

Here on the LawReviews website, you will find a selection of the best attorneys in the country in the field of libel and defamation. At LawReviews, you can read real reviews from clients who dealt with similar cases - from offensive publications on social networks to articles or comments that caused real damage to their good name.

The reviews on the site are based on real clients and provide a complete picture of the level of professionalism, availability, and determination of attorneys handling defamation cases, helping you choose the right representation for you. With our tools, you can locate a suitable attorney by area, field of expertise, and previous successes, and act confidently to restore your good name and protect your rights.

What is Defamation? Understanding the Law

The legal basis for dealing with offensive publications is defined in the Prohibition of Defamation Law, 5725-1965. What is defamation according to the law? The law defines defamation as anything whose publication is likely to:

• Humiliate a person in the eyes of others or make them a target for hatred, contempt, or ridicule.
• Disgrace a person due to actions, behavior, or characteristics attributed to them.
• Harm a person's occupation, business, profession, or position.
• Harm a person as a public figure, their public status, or public role.

It is important to understand that the law refers not only to verbal expressions but also to writing, print, drawing, image, movement, sound, or any other form of expression, including of course publications in the digital space such as social networks, forums, and online comments. Harm defined as defamation is harm to your reputation and good name, which are important assets to be protected. Any publication directed to one or more persons other than you is considered "publication" for the purposes of the law.

What is Libel?

Alongside the term "defamation," you often encounter the term "libel." In fact, in the Israeli legal system, libel and defamation are two terms describing the same legal tort. The term "libel" is a more common expression in everyday language, originating from old legal definitions and different legal cultures, while "defamation" is the official term appearing in the law.

What is libel then? Libel is the publication of false and harmful statements about a person that are likely to damage their good name. That is, the publication must be false, or at least not substantially accurate, and have the potential to cause reputational or economic harm. Therefore, when you hear or read about a defamation lawsuit, know that it is essentially a claim for libel.

The Difference Between Libel and Defamation: Terminology vs. Substance

As mentioned, in practice, the difference between libel and defamation is primarily semantic, arising from the official legal terminology versus common language.

For understanding your rights and options, it is important to remember that any defamation attorney specializing in the field handles both these terms under the same legal framework. The legal nuances lie in whether it is criminal or civil defamation (today most lawsuits are civil), and in the possible defenses available to the publisher, such as "truth in publication" or "expression of opinion in good faith."

Defamation Lawsuit: How to Build a Winning Case?

If you are considering filing a defamation lawsuit, you should know that building a strong case requires in-depth legal knowledge, precise evidence collection, and meticulous legal drafting. You must prove three central elements: publication, defamatory content, and lack of defense for the publisher.

Evidence Collection and Complete Documentation

The first and most critical stage is documentation. You must collect all evidence indicating the offensive publication:

• Screenshots or recordings: If the publication was made on social networks, emails, or messages, be sure to document the full text, exact date, time of publication, and publisher's name.
• Proof of publication: Ensure you can prove that the publication reached a third party (or more). The law does not recognize publication made to you alone.
• Damage: Although the defamation law allows compensation without proving damage (up to 75,300 NIS as of this writing), documenting the actual damage caused to you (economic damage, lost transactions, mental harm) can significantly increase the compensation amount.

Choosing an Experienced Defamation Attorney

Since defamation law is a field requiring delicate balance between freedom of expression and protection of good name, you should use the services of a defamation attorney or libel lawyer who specializes specifically in this field. The attorney will know how to analyze the publication, determine if there is grounds for a lawsuit, estimate the possible compensation amount, and formulate a legal strategy to deal with the possible defenses of the other side.

The Preliminary Procedure: Warning Letter

In many cases, even before filing the lawsuit, defamation attorneys send an official warning letter to the offending party. This letter typically demands immediate removal of the publication, publication of a public apology, and monetary compensation demand. Often, a well-reasoned warning letter leads to resolution of the conflict through settlement outside the courtroom, thus saving you time and legal costs.

Defamation Challenges in the Digital Age: Social Networks

The digital revolution has brought with it new and significant challenges to the field of defamation. When you ask yourself "what is defamation" today, the answer must address the viral and rapid nature of information dissemination on social networks and the internet.

Virality, Anonymity, and Speed of Publication

• Rapid spread: An offensive publication can reach thousands of eyes within minutes, significantly increasing the damage to reputation.
• Anonymity: Publishing libel behind fake profiles makes it difficult to locate the publisher, but experienced libel lawyers know how to act legally against social network providers to expose the publisher's identity.
• User involvement: "Likes," shares, and comments can turn additional people into potential defendants, as anyone who shares an offensive publication is considered a publisher for all intents and purposes.

Libel on Social Networks - Points to Consider

It is important to remember that Facebook, Instagram, Twitter, and even WhatsApp groups - all constitute a "place of publication" for the purposes of the law. The fact that a publication was made as a "joke" or in the context of a heated discussion does not necessarily constitute legal defense. A defamation attorney will examine the full context of the publication and the publisher's intent to build your argument.

Publisher's Defenses: What Can the Other Side Claim?

To increase your chances of success in a defamation lawsuit, you must be familiar with the main defenses the publishing party can use. Knowing these defenses allows you and your libel attorney to build strong counter-arguments already at the lawsuit filing stage.

Truth of Publication Defense

The most important defense is the claim that the publication was true and that it was of public interest. If the publisher succeeds in proving that the content was factually correct, and that the public had an interest in knowing the information, then they may be exempt from liability. Note: the burden of proof for the truth of the publication rests on the publisher.

Good Faith Defense

The law details a list of situations where the publication was made in good faith, and therefore the publisher may be protected from a lawsuit. Examples of such situations include:

• Expression of opinion on behavior: Criticism of a person's behavior in a public role or public context.
• Publication on behalf of authority: Publication made by someone acting under their official capacity or legal obligation.
• Self-defense: Publication made to protect a personal or public interest.

If your attorney can prove that the publication was not made in good faith, but with intent to harm, or that the publisher exceeded what was reasonable, this defense will be denied.

Permitted Publications and Exempt from Liability

The law grants absolute protection to publications made in certain contexts, such as:

• Publications by Knesset members in the course of their duties.
• Things said in court proceedings by judges, witnesses, or attorneys.
• Publications made in an official report or by the State Comptroller.

Compensation in Defamation Lawsuits: How Much Can You Get?

One of the central questions you ask is what is the amount of compensation that can be obtained in a defamation lawsuit. Compensation is divided into two main categories:

Compensation Without Proving Damage (Statutory Compensation)

The Prohibition of Defamation Law allows you to sue and receive compensation even if you did not prove actual economic damage (such as loss of a client or decrease in income). The maximum compensation without proving damage (as of 2024) stands at approximately 75,300 NIS. If the court determines that the publication was made with intent to harm, the statutory compensation can be doubled and reach an amount of approximately 150,600 NIS.

Compensation for Actual Damage

If you succeeded in proving actual damage as a result of the publication (economic damage, medical/mental expenses due to severe distress), there is no upper limit to the compensation amount. In cases of severe damage to the reputation of a business or public figure, the amounts can reach hundreds of thousands of shekels and even more. Experienced defamation attorneys will know how to assess the appropriate damage for the claim and prepare appropriate professional opinions.

LawReviews: Crowd Wisdom for Choosing an Attorney

If you are looking for a libel attorney or defamation attorney who will handle your case professionally, you should use a platform like LawReviews. LawReviews allows you to learn from the experience of many clients who have already used the services of libel attorneys and filled out reviews about them.

This crowd wisdom helps you choose the most suitable attorney for you based on real experience and proven reputation. Attorneys themselves like to work with LawReviews because the platform builds for them a reputation with significant online impact, increases their firm's distribution to new clients, and strengthens their professional presence on the internet.

The system helps attorneys' pages rise in Google search results according to relevant keywords, and allows them to acquire the highest quality clients. You are invited to share your experience as well and write a review about an attorney from whom you received service.