PROHIBITION OF SLANDER: A GUIDE

01/09/2010 | Practice field: Torts & Insurance

PROHIBITION OF SLANDER: A GUIDE

Ophir Miller, Advocate

"A good name is better than riches", so it is written in Ecclesiast, but the question is what is the right balance between freedom of speech and the right for good reputation.

The prohibitory law of slander conducts that slander (or libel or defamation) is a speech in public or a published item that its publicity might cause:

1. humiliation of oneself and bringing him/her to be hated or mocked.

2. demeanor of oneself for actions, behavior or characteristics attributed to him/her.

3. harm to one self's occupation, public or other, one self's business or job.

4. demeanor of oneself for his/her race, origin, religion, habitation, gender or sexual inclination.

The law conducts that this publication could be by mouth, by writing or by printing – in major drawing, caricature, mimic of voice and movement or any other possibility. It conducts that the publication would be defined as slander if it was aimed to reach oneself but the offended and reached oneself or another person but the offended and/or if it was written and the written publication have reached oneself but the offended.

Nuisances

The law determines that any publication of slander that reached two persons or more but the one offended is criminal offense, and the one who commits it would be sentenced for one year in prison.

The law determines that any publication of slander that reached one person or more but the one offended is civil wrong, and compensation of 50,000 NIS are ruled without even the need of proving damages.

If the publication caused damage one could submit claim.

The law determines also that if the publication was meant to offend on purpose the compensation might reach 100,000 NIS without even the need of proving damages.

Hence one can act against he/she who spread gossip and slander through criminal and civil law.

He/she who made publication and was accused for it has for defense these claims:

1. truth in publication and public interest.

2. bona fide (or integrity).

3. permitted publication, such as publication according to clause 28 in the basic law: Knesset (Israel's parliament) or protected publication according to clause 1 in the members of parliament immunity, their privileges and obligations Act, 1951.

How should one act when falsehood is imputed on him/her?

Before commencing I recommend in any case a solicitor's consultation, whose expertise is in the field. Evidence should be collected and one should even tape, legally, the one who informed the offended or others who heard the rumor.

Before submitting and before it is determined that what was published is indeed slander it is very important to give thought of the context of publication.

If publication was attended to two persons or more, one can complain to the police. An investigation would be initiated and at its end a decision for pressing charges would be made.

If it was decided not to press charges, one can submit a criminal complaint by himself/herself due to slander being an offense in which the offended has the privilege of submitting a complaint to court of law.

Except for complaining to the police it is also possible to take action through the civil course and submit a civil claim against the offender. The remedies one should ask for are writ of prohibition against publication and compensation as mentioned above.

To end this article I chose a tale out of an internet site that deals with the Jewish meaning of slander:

The fire of Torah

There once was one who spread a rumor on another. Later he regretted and went to his Rabbi in order to ask him who can he recompense. "Go to the store and buy a sack full of seeds," he was told, "then take it to a vast open field and scatter the seeds, throw them to the wind. Do as I say and come back next week to tell me about your deeds."

The one did exactly as the Rabbi told him and after a week came to tell him about his deeds and to be told what else should he do. "Now," said the Rabbi, "go back to the field and collect each seed that was scattered."

"But Rabbi," answered the one perplexed, "the seeds are all scattered out in the vast field! I'll never be able to collect each and every one. And probably some of them already stroke roots and started growing!"

"exactly!" said the Rabbi. "Now I see you understand. When we use the language of slander its effect is vast. It is a damage one cannot repair and not recompense for."

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