How to file a defamation claim: in which court, and what to write in the statement of claim

Service page: Defamation lawyer: protecting your reputation.

How do you file a defamation claim? Five steps

Publishing defamation to one or more persons other than the injured person is a civil wrong. Certain provisions of the Torts Ordinance [New Version] apply to it, subject to the Prohibition of Defamation Law, 5725-1965 (section 7). This is the order of steps:

1. Record the publication. The full wording, where and when it was published, and who was exposed to it. It is enough that it reached one person other than the injured person. In writing, it is enough that it could have reached such a person (section 2(b)). What to screenshot on Facebook and in a WhatsApp group: Defamation on Facebook and WhatsApp.
2. Check that there is a cause of action. The words must meet the definition in section 1, that is, be something whose publication may humiliate a person, degrade them, or harm them in their office, business or profession. Also check whether the publication is one of the privileged publications. One example is things said by a party, their lawyer or a witness in the course of a court hearing (section 13(5)). Check also which defenses the other side may raise: truth and public interest (section 14) or good faith (section 15).
3. Choose a court according to the amount, the remedy sought and the relationship between the parties. The table is in the next section.
4. Draft a statement of claim that quotes the exact words and sets out each publication and each remedy separately. The full list is below.
5. File and pay the court fee. In a small claim, the fee is 1% of the value of the claim, and no less than NIS 50 (regulation 6(a) of the Small Claims Adjudication (Rules of Procedure) Regulations, 5737-1976 (תקנות שיפוט בתביעות קטנות (סדרי דין), התשל״ז-1976)). In the Magistrates’ Court, the statement of claim states the amount of the fee. It also states the item of the Courts Regulations (Fees) (תקנות בתי המשפט (אגרות)) under which it is collected (regulation 10(10) of the Civil Procedure Regulations, 5779-2018 (תקנות סדר הדין האזרחי, התשע״ט-2018)).

The Prohibition of Defamation Law does not make the claim conditional on sending a warning letter. When such a letter is still useful, and what not to write in it: A warning letter before a defamation claim.

In which court do you file a defamation claim?

There is no special court for defamation. The court is determined by the usual rules. Two situations move the claim to a different court: a dispute within the family, and a dispute between an employee and an employer.

Which district. A claim is filed in the court in the district where the defendant lives or does business. It can also be filed in the place of the act for which the claim is brought (regulation 7(a) of the Civil Procedure Regulations). A statement of claim over a publication on the internet is filed in the court in the district where the defendant or the plaintiff lives or does business (regulation 7(b)). Who is liable for a publication on the internet, and what to do when the writer is an anonymous user: Defamation on the internet. In a claim against several defendants, it is enough that the court has jurisdiction over one of them (regulation 7(c)). In a small claim the rules are similar (regulation 2 of the Small Claims Regulations).

Defamation as a small claim: when it fits, and what you give up

The Small Claims Court hears a civil claim by an individual for payment of an amount up to the ceiling in the law. The ceiling is NIS 39,900 as of 1 January 2026 (section 60(a)(1) of the Courts Law). A defamation claim can be such a claim, but it is worth knowing in advance what this track does not give you:

• Money only, without a removal order. The jurisdiction of the Small Claims Court is limited to payment of an amount, and to an order for the replacement or repair of a product or for cancellation of a transaction (section 60(a)). In a judgment from June 2026, a Small Claims Court held that it has no jurisdiction to order the removal of publications or the publication of an apology. The reason: section 60(a) is a special provision that prevails over the general power to give a mandatory order in section 75 of the Courts Law (Small Claims Case (ת״ק) (Hadera Small Claims) 67874-06-25 Malachi v. Yitzhak et al., 30 June 2026, paragraph 41). An order prohibiting distribution is requested in the competent court that is not a Small Claims Court, usually the Magistrates’ Court. So is the publication of a correction, a retraction or the judgment under section 9 of the Prohibition of Defamation Law.
• The ceiling is lower than the compensation ceiling in the law. Even the amount stated in section 7A(b) of the Prohibition of Defamation Law, NIS 50,000 before linkage to the CPI, is higher than the small claims ceiling. The amount in force after linkage: Defamation claims: amounts and compensation without proof of damage.
• Once for each publication. A person will not receive compensation without proof of damage for the same defamation more than once (section 7A(d)). Someone who received such compensation in a small claim will not receive it again for the same publication in another claim.
• Individuals only. A company cannot file a small claim (section 60(a)), even though a corporation is also a “person” whom defamation may harm (section 1). A company that was harmed sues in the Magistrates’ Court, or in the District Court when the amount is above the Magistrates’ Court’s jurisdiction.
• No lawyer at the hearing. Representation by a lawyer is allowed only with the court’s permission and for special reasons that are recorded (section 63(a)).
• A short statement of claim. In proceedings opened from 11 April 2025, the body of the statement of claim may not exceed five pages. You attach to it the documents you rely on and a declaration that what it says is true (regulation 3(c)–(e)).
• The court may transfer the claim. If it finds that a small claims hearing does not suit the claim, it may transfer it to the Magistrates’ Court or to the court competent to hear it. The same applies if the plaintiff has filed more than five claims in the same court in the same year (section 60(b)).
• Appeal only with leave. A judgment in a small claim can be appealed to the District Court only if one of its judges gave leave (section 64).

The Hadera judgment mentioned above dealt with three publications in lectures that were broadcast and published on the internet. The plaintiff was awarded NIS 22,000 for invasion of privacy and defamation together, and the request for removal and an apology was rejected. A Small Claims Court judgment is not binding in other cases. This is a public judgment, not a result of the office.

When it fits in practice: when the goal is monetary compensation of an amount within the ceiling, the defendant is identified, and no removal order is needed. Consider the Magistrates’ Court when the publication is still being spread, or when there are several defendants. The same applies when the dispute will require a broad examination of evidence on the truth of the publication and on good faith. The order of the stages and the deadlines in a small claim: Small claims: how much you can claim and how to file.

What must appear in a statement of claim for defamation?

In the Magistrates’ Court and the District Court, the statement of claim has three parts. In this order, they are a heading, a summary of the claims and the details of the claims (regulation 9(c) of the Civil Procedure Regulations). In the Magistrates’ Court the summary of the claims may not exceed two pages. The details of the claims may not exceed nine pages (regulation 9(d)). In a claim of no more than NIS 75,000 (the expedited proceeding track), you attach two more things to the statement of claim. One is an affidavit verifying the facts. The other is a list of the relevant documents, with a copy of those in your possession (regulations 78(a)(1) and 79(a) of the Civil Procedure Regulations). In a defamation claim, these are the components the statement of claim should include:

1. The exact words. The Supreme Court held that a plaintiff cannot settle for claiming that the defendant defamed them. The plaintiff must set out in the statement of claim the words, in writing or orally, that the defendant used (CA 594/66 Aharoni v. Bank Y.L. Feuchtwanger Ltd., IsrSC 21(1) 160, 163 (1967)). The same applies when the words were said orally. You state the words that were said, and not only their content (Labor Appeal (ע״ע) (National) 7192-02-13 DSP Group Ltd. v. Asulin, 16 September 2013, paragraph 12).
2. Each publication separately. Where, when, by what means, and whom it reached (section 2). In the summary of the claims you set out the facts needed for the cause of action and when it arose (regulation 11(3)). That is also the date from which the limitation period is counted.
3. Why this is defamation. Which of the alternatives in section 1 applies, and how the reasonable reader understands the words. Defamation can also be implied by the context or by external circumstances (section 3). The court interprets the expression in an objective context, by the standards of the reasonable person. Only then does it examine defenses and remedies (CA 89/04 Nudelman v. Sharansky, 4 August 2008, as quoted in paragraph 8 of Small Claims Case 67874-06-25).
4. Who the defendants are. Whoever wrote it, and sometimes also whoever shared it. The Supreme Court held that sharing a defamatory post on social media is a “publication”, while clicking “like” is not (LCA (application for leave to appeal) 1239/19 Shaul v. Nidaily Communication Ltd., 8 January 2020). If the defendant is a minor or a corporation, you state this in the heading (regulation 10(7)).
5. The remedies, each one separately, and the value of the claim. In the heading you set out all the remedies sought and the value of the subject of the claim (regulation 10(9)). For example: compensation without proof of damage under section 7A(b). Up to double that amount under section 7A(c), only when you claim and prove that the publication was made with intent to harm. Compensation for actual damage that you prove, such as loss of income, for the civil wrong in section 7. And orders under section 9: prohibiting distribution, and publication of a correction, a retraction or the judgment at the defendant’s expense. The amounts in section 7A are updated on the 16th of each month according to the CPI (section 7A(e)). So it is worth stating the updated ceiling on the day of filing and how it was calculated.
6. Earlier proceedings. You state in the heading whether there is another proceeding in a court or tribunal concerning a similar set of facts, to which the plaintiff is or was a party (regulation 10(11)). For example, a private criminal complaint (kovlana) over the same publication (section 8).
7. Appendices. You attach a copy of every document on which the claims are based: the screenshots, the message, the link (regulation 15(a)(1)). If the document is not in your possession, you state who holds it or where it is, as far as you know.
8. Jurisdiction. In the summary of the claims you set out the facts that give the court jurisdiction (regulation 11(4)). An example is the parties’ places of residence in the case of a publication on the internet.

From the other side: a defendant is deemed to admit every fact in the statement of claim unless they denied it expressly and in detail in the statement of defense. The exception is the amount of the damage, which is deemed disputed unless the defendant expressly admitted it (regulation 14(b)). What to do when you receive a statement of claim: Sued for defamation?.

Defamation within the family: the Family Court

A civil claim between a person and a member of their family, whose cause is a dispute within the family, is a “family matter”. This is so whatever its subject or value (section 1(2) of the Family Court Law, 5755-1995 (חוק בית המשפט לענייני משפחה, התשנ״ה-1995)). Family matters are heard in the Family Court (section 3(a)). Section 51(c) of the Courts Law provides the same.

The two conditions are cumulative: that the parties are family members as defined in the law, and that the cause is a dispute within the family. A “family member”, for this purpose, is only one of the following:

• a spouse, including a common-law partner; a former spouse, provided that the subject of the claim arises from the relationship they had when they were spouses;
• a child, including the spouse’s child;
• parents, the spouse’s parents, or their spouses;
• a grandchild, and grandparents;
• brothers and sisters, of the person or of their spouse.

A message in the family WhatsApp group that a sister wrote about her brother, following a dispute in the family, appears to meet both conditions. The same message from a cousin, an uncle or your sister’s husband does not meet the first condition, because they are not on the list. In that case the usual rules in the table apply.

Defamation between an employee and an employer: the Labor Court

The Regional Labor Court has exclusive jurisdiction over a defamation claim between an employee and an employer, in connection with the employment relationship (section 24(a)(1d) of the Labor Court Law, 5729-1969 (חוק בית הדין לעבודה, התשכ״ט-1969)). This covers a claim by an employee against an employer or an officer of the employer, and a claim by an employer or officer against an employee. An “officer”, for this purpose, is an active manager in a corporation, a partner who is not a limited partner, the employee’s supervisor, and an official responsible on behalf of the corporation for the employees’ rights. The jurisdiction is exclusive. So such a claim is not heard in the Magistrates’ Court or in the Small Claims Court, but in the Labor Court (section 24(a) of the Labor Court Law). A claim against a co-worker who is not your supervisor and is not an “officer” as defined here is not covered by this section. The usual rules apply to it. How to choose the Regional Labor Court: In which Labor Court do you file?.

By when do you file, and what happens after filing?

• Limitation period: seven years. The Prohibition of Defamation Law does not set a period of its own. So the general limitation period applies: seven years from the day on which the cause of action arose (sections 5(1) and 6 of the Prescription Law, 5718-1958 (חוק ההתיישנות, התשי״ח-1958)). This changes if the facts were hidden from you for reasons that did not depend on you, and that you could not have prevented even with reasonable care. The period then starts on the day you learned of them (section 8). Details: Prescription Law.
• The injured person has died. If an injured person died within six months of the publication without having filed a claim, certain relatives may file a claim within six months of the death (section 25(a)). These are the spouse, child or parent, and in their absence the brother or sister. Defamation published about a person after their death does not give rise to a civil cause of action (section 5).
• Statement of defense. In the Magistrates’ Court and the District Court, a statement of defense is generally filed within sixty days of service of the statement of claim. The court may extend this (regulation 9(b) of the Civil Procedure Regulations). In a claim of no more than NIS 75,000, heard on the expedited proceeding track, the deadline is forty-five days (regulations 78(a)(1) and 80(a)). In a small claim, within 30 days of service of the summons (regulation 4(b) of the Small Claims Regulations).
• MAHUT meeting. In the Magistrates’ Court, in a claim of more than NIS 40,000, a mediator is appointed for an information, introduction and coordination meeting, to examine the possibility of settling the dispute, no later than 45 days after the last pleading (regulation 37(b) and (k) and the Second Schedule to the Civil Procedure Regulations).
• The criminal route. Publishing defamation with intent to harm, to two or more persons other than the injured person, is also an offense. The injured person may file a private criminal complaint (kovlana) over it (sections 6 and 8). If a criminal trial over the same defamation ended first, the civil court may rely on the findings of fact made in it (section 24).

Frequently asked questions

Can you file a defamation claim in small claims?

Yes, if the plaintiff is an individual and the amount does not exceed NIS 39,900 (as of 1 January 2026) (section 60(a)(1) of the Courts Law). In a defamation claim, the Small Claims Court can award money only. In a judgment from June 2026, it was held that it has no jurisdiction to order the removal of a publication or an apology (Small Claims Case 67874-06-25).

What must appear in a statement of claim for defamation?

The exact words that were published, and not only their content (CA 594/66). Where, when and whom each publication reached (section 2). Each remedy separately, including compensation under section 7A(b), double compensation under 7A(c) when intent to harm is claimed, and orders under section 9. And the value of the claim and the fee (regulation 10(9)–(10)). You attach the screenshots as appendices (regulation 15(a)(1)).

In a small claim, can you ask that the defendant remove the post or apologize?

As a rule, no. Section 60(a) of the Courts Law limits the Small Claims Court to payment of an amount and to certain orders that do not include removal. This was held in Small Claims Case 67874-06-25 (30 June 2026, paragraph 41). A removal order or publication of a correction under section 9 is requested in the Magistrates’ Court or in the other competent court.

Can a company sue for defamation in small claims?

No. Only an individual files a small claim (section 60(a)). A company can sue for defamation, because “person” in section 1 of the Prohibition of Defamation Law includes a corporation. But it files the claim in the Magistrates’ Court, or in the District Court when the amount is above the Magistrates’ Court’s jurisdiction.

My sister or brother-in-law posted about me in the family group. Which court do I go to?

If the writer is a “family member” as defined in the law, and the cause is a dispute within the family, the claim is heard in the Family Court (sections 1(2) and 3(a) of the Family Court Law). Examples of family members are a brother or sister, or a brother or sister of your spouse. A brother-in-law who is your sister’s husband, an uncle and a cousin are not on the list. For them, the usual rules apply.

In which court do you file a claim over a Facebook post?

In the court that fits the amount and the remedy, in the district where the defendant or the plaintiff lives or does business: this is the rule for a claim over a publication on the internet (regulation 7(b) of the Civil Procedure Regulations). In a small claim the rule is similar (regulation 2(b) of the Small Claims Regulations).