Defamation on Facebook: Can a Post Cost You Tens of Thousands of Shekels?
Facebook is the most common arena for online defamation in Israel. A single post, group comment or share of defamatory content can expose the publisher — and sometimes those who shared or commented — to substantial claims. This guide explains when a Facebook publication constitutes defamation under the Defamation Act, 1965, the likely compensation, and how to act whether you were harmed or received a demand letter.
1. When Does a Facebook Post or Comment Constitute Defamation?
The Defamation Act applies to any publication, and social media is no different from a newspaper — often it is more serious because of rapid reach. A publication is defamatory if it may degrade, humiliate, or harm a person's reputation, occupation or business. On Facebook this includes a profile post, a group comment, a business-page post, and even images or memes. Legitimate criticism or genuine opinion is not necessarily defamation — the problem arises when false factual assertions are made (e.g., that a person stole, defrauded, or committed an offense) that are untrue.
2. Compensation: How Much Can It Cost?
Section 7A allows compensation without proof of damage — up to ILS 50,000 per publication, and up to double where the publication was made with intent to harm. These amounts are index-linked and updated, so the actual ceiling is higher than stated — verify the current figure at the time of claim. On Facebook, the extent of exposure (number of friends, shares, comments) is a central factor. A post in a large group or one that goes viral significantly increases the risk. Where actual financial loss is proven — lost clients, cancelled deals — damages beyond the statutory amount may be claimed.
3. Were You Harmed? First Steps
Preserve evidence immediately: screenshot the post/comment with the date, publisher name and URL, and document the extent of exposure (likes, shares, comments). Do not respond hastily in public — an aggressive response can escalate and amplify exposure (the 'Streisand Effect'). You can report to Facebook, but it tends to protect content that appears to be 'opinion.' The first legal step is usually a proper demand letter seeking removal and an apology — which often resolves the matter without a claim. In urgent cases you can seek a court injunction to remove the publication.
4. Received a Demand Letter About a Post? Don't Rush
If you received a demand alleging that you published defamation, do not delete and do not apologize before consulting — deletion or apology may be construed as an admission. Conversely, leaving the publication up may increase the harm and damages. The Act provides real defenses: 'truth of the publication' (the statements are true and of public interest), 'good-faith opinion,' and legitimate criticism. A lawyer will assess whether a defense applies and whether to remove, correct, or respond. A correct response at the early stage can prevent a claim or materially reduce exposure.
Checklist
- Screenshot the full post/comment with URL, date and publisher name
- Document the extent of exposure — likes, shares and comments
- Do not respond publicly in haste — avoid escalation and the Streisand Effect
- Check the limitation period — one year from discovering the publication
- Use a proper demand letter before filing a claim
- If you received a demand — do not delete/apologize before legal advice
Common Pitfalls
- Deleting a post or apologizing immediately, which may be construed as an admission
- An aggressive public response that increases distribution
- Waiting more than a year from discovery — the claim becomes time-barred
- Assuming a 'closed' group post is not a publication — it is
- Failing to preserve evidence before the content is deleted
שאלות ותשובות
The defamatory post was deleted — can I still sue?
Yes, if you documented it (screenshot with URL and date). A publication already made gives rise to a claim even if later deleted. That's why preserving evidence immediately matters.
Someone wrote about me in a closed Facebook group — does it count?
Yes. A publication in a group, even a closed one, is a 'publication' as long as it reached at least one person other than the person harmed. Group size affects the level of compensation.
How long do I have to file a claim over a post?
A defamation claim is time-barred one year from discovery of the publication — significantly shorter than usual. Act quickly and document.
Can I write a negative review of a business on Facebook?
Yes — genuine opinion and legitimate criticism are protected. The risk arises when false facts (e.g., accusations of theft or fraud) that are untrue are presented.