Defamation on Facebook and in WhatsApp groups in Israel: evidence, removal and claims

Office in Kiryat Ono, in the Tel Aviv metropolitan area; Hebrew and English.

Is a Facebook post or a WhatsApp message a "publication"?

Yes, if the elements of the Law are met. Section 2(a) of the Prohibition of Defamation Law, 5725-1965 (חוק איסור לשון הרע, התשכ״ה-1965), provides that a publication may be "oral or in writing or in print, including a drawing, a figure, a movement, a sound and any other means". A post, a comment, a story, an image, a voice recording or a message in a group all fall within the definition.

Section 2(b) adds that it is enough that the matter was intended for a person other than the person harmed and reached such a person, or that it was in writing and the writing was likely, in the circumstances, to reach a person other than the person harmed. So a message in a closed WhatsApp group, or a comment on a locked profile, meets the requirement. The size of the group may affect the amount of compensation, not whether there is a cause of action.

Sharing a defamatory post is a "publication" in its own right and may give rise to a claim against the person who shared it, whereas marking a "like" is not a "publication" — so the Supreme Court held in LCA 1239/19 Yoel Shaul v. Nidely Communications Ltd (8 January 2020). Someone who repeated what had already been said and named the source they relied on may benefit from mitigation of the compensation (section 19(1)) — a mitigation, not a defence.

What has to be proven, and which defences may the other side raise?

• A damaging publication: something that may degrade a person in the eyes of others, hold them up to contempt, or harm them in their office or business (section 1).
• Identification: readers must understand that it refers to you, even if your name was not written.
• Publication to another person: one reader other than the person harmed is enough (section 2(b)).

The defendant, for their part, may raise defences. Truth is a defence only if the publication was also in the public interest (section 14). Section 15 protects a publication made in good faith in certain circumstances — for example, an expression of opinion in connection with a public matter (section 15(4)), or criticism of an act done in public (section 15(6)). The line runs between opinion and an allegation of fact: "the service was terrible" is an opinion; "they stole from me" is an allegation of fact. And if what was published was untrue and the publisher took no reasonable steps to check whether it was true, there is a presumption that the publisher did not act in good faith (section 16(b)).

Someone posted a lie about you on Facebook: what to do in the first 48 hours

The 48 hours are a practical working frame, not a time limit set by law: online posts are edited, hidden and deleted, and what is preserved in the first hours is usually what can be proven later. In this order:

1. Record it: a full screenshot that shows the page address (URL), the date and the time, not only the text. In a WhatsApp group, a screenshot that shows the group's name, the number of participants and the date. Also keep the direct link, the comments and the shares.
2. Don't respond in kind: an abusive reply from you may become evidence, and even a cause of action against you, because it too is a "publication" (section 2).
3. Report it to the platform through its reporting mechanism, and keep the report number.
4. Send a written demand for removal when the author's identity is known: which sentences, why they are untrue, and a deadline for removal and for publishing a correction. What to include, and what to leave out, is covered in the guide to a demand letter before a defamation claim (Hebrew).
5. Record the damage: customers who cancelled, enquiries that stopped, reactions from people you know.

One caution: do not publish a screenshot of a private conversation yourself. Under section 2(5) of the Protection of Privacy Law, 5741-1981 (חוק הגנת הפרטיות, התשמ״א-1981), copying the content of a writing that was not intended for publication, including an electronic message, without the permission of the addressee or the writer may be an infringement of privacy. Keep the screenshots for the proceedings; do not circulate them.

How do you get a post removed from Facebook or a WhatsApp group?

There are two routes, and they run in parallel. The first is the platform's reporting mechanism, which works under the platform's terms of use and not under Israeli law. The second is the court: section 9 of the Law empowers it to prohibit the distribution of the publication, and to order the publication of a correction, a denial or the judgment at the defendant's expense. Section 10 allows an interim order to publish a correction even before judgment, where the defendant has admitted that part of what was published is defamatory or untrue.

The platform itself is not a "media outlet" under the definition in section 11(c) of the Law, which refers to a newspaper and to radio and television broadcasts to the public. So a claim is usually directed at the person who wrote the post and at those who shared it. Where the author is anonymous, note that the Law itself contains no procedure for ordering a platform or service provider to disclose the user's identity; the Supreme Court has observed that the legislature should update the Law to take account of technological change (LCA 1239/19, paragraph 76, referring to LCA 4447/07 Mor v. Barak I.T.C. (2010)). Where the publication amounts to an offence — for example, defamation published, with intent to harm, to two or more persons other than the person harmed (section 6 of the Law), harassment or threats — a complaint can be made to the police, and for threatening harassment an order can be sought under the Prevention of Threatening Harassment Law, 5762-2001 (חוק מניעת הטרדה מאיימת, התשס״ב-2001).

What may a court award in a claim over a post or a message?

Section 7A(b) of the Law allows the court to award compensation without proof of damage, up to a ceiling that the Law sets and links to the consumer price index (section 7A(e)); where it is proven that the publication was made with intent to harm, up to twice that amount (section 7A(c)). As at 16 September 2026 the ceiling is ILS 84,437.40, and ILS 168,874.80 where intent to harm is proven; the amounts are restated on the 16th of each month. This is a ceiling, not a fixed sum: the court decides according to the circumstances of the case. Compensation without proof of damage is not awarded more than once for the same defamation (section 7A(d)). Where actual damage is proven, such as lost customers, there is no statutory ceiling.

An apology, a correction or a denial by the publisher is a circumstance the court may take into account in the publisher's favour (section 19). Section 7A is available in English on the key statutory provisions page (unofficial translation; the Hebrew text governs), and the elements and defences are set out on the defamation and reputation page.

You wrote a post and received a warning letter: what now?

Don't ignore it, and don't rush to reply. First keep a copy of what was published, including the date and the comments, before making any change. Then check with a lawyer whether a defence is available to you: truth and public interest (section 14), or good faith in one of the circumstances in section 15.

Sometimes the right step is to remove the post and publish a correction or an apology. Deleting it does not cancel the cause of action, which arose with the publication, but section 19(4) allows the court to take into account in your favour an apology, a correction or a denial — where it was published in the place, to the extent and in the manner in which the defamation was published, and without reservation. This practice also represents defendants in defamation claims. The defences in sections 13–16 and the first steps are set out in the guide for those who received a warning letter or a defamation claim (Hebrew).

How does this practice handle a social media matter?

1. Contact. On WhatsApp, by phone or through the form. Say briefly what was published, where and when. Screenshots come after we have spoken.
2. First call. We go through the publication and say frankly whether there is a cause of action or a defence, what can be demanded and what each route involves — and whether this is the right practice for it.
3. Action plan. If we go ahead: a demand for removal, an approach to the platform, an application for urgent relief where needed, or a claim — depending on the circumstances.

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This page is general information about Israeli defamation law, written for English-speaking readers. It is not legal advice, does not create an attorney-client relationship, and is no substitute for advice on your own facts. The governing text of every statute cited is the Hebrew original. Past results do not guarantee similar results in the future.