Sharing and Liking: Are They Defamation Too? The Nidaily Ruling and Case Law
A question that concerns everyone active on social networks: if I 'liked' or shared a defamatory post someone else wrote — am I exposed to a defamation claim? This has enormous practical implications, since millions of users share and comment daily. This guide explains the important distinction drawn in case law between a share and a like, and why someone who forwards harmful content may bear independent liability — even if they did not write it.
1. A Share May Be an Independent Publication
The key principle: sharing a defamatory publication may be considered an independent 'publication' under the Defamation Act, 1965 — so the sharer may bear liability separately from the original author. The reasoning: the share expands the distribution of the harmful content to a new audience (the sharer's friends list), thereby materially contributing to the harm to reputation. The practical meaning is sharp: do not forward or share content that appears defamatory, even if you are merely 'distributing' and not the source. Quoting or adding your own comment may also increase exposure.
2. A Like — Does It Also Create Liability?
Case law (known in this context as the 'Nidaily' matter) addressed the distinction between a like and a share. The accepted approach distinguishes between actions: a mere 'like,' which does not necessarily distribute the content to a new audience the way a share does, is assessed differently from an active 'share' that distributes the publication. However, this is a developing area and the outcome depends on the circumstances and how the platform distributes the action. Caution is required: do not assume a 'small' online action carries no risk — the legal implication depends on context, distribution and intent.
3. Liability of Someone Who Distributed, Quoted or Added a Comment
Beyond a simple share, additional actions increase exposure: quoting the publication (copy-paste), screenshotting and distributing it, adding a supportive comment that adopts the harmful content, or distributing in groups. The more active the action and the more it expands distribution, the greater the risk of liability. Adding your own words ('look what X did') may turn you from a distributor into an independent publisher. The guiding rule: if you would not write the content yourself — do not distribute it.
4. How to Avoid Liability When Distributing Content
Practical rules of caution: do not share or forward content containing factual accusations about a person or business you have not verified. Do not adopt harmful content with a supportive comment. If you shared by mistake — remove the share immediately and document. If you received a demand letter over a share, do not delete/apologize before advice (may be construed as an admission), but also do not leave it unexamined. Remember: the fact that the content was written by someone else does not confer automatic immunity on the person who distributed it.
Checklist
- Do not share/forward content with unverified factual accusations
- Do not add a comment that adopts someone else's harmful content
- If you shared by mistake — remove immediately and document
- Check source and reliability before sharing sensitive content
- Received a demand over a share? Consult before deleting/apologizing
- Remember — distribution may create independent liability
Common Pitfalls
- Assuming someone who shared another's content is not liable — they may be
- Adding a supportive comment that turns you into an independent publisher
- Distributing a screenshot of a defamatory publication in groups
- Deleting the share without documenting or without advice after a demand
- Relying on 'I only liked it' as an absolute defense
שאלות ותשובות
I shared someone else's post — can I be sued?
Yes, possibly. Under case law a share may be considered an independent publication, so the sharer may bear liability separately from the original author, because the share expands distribution.
What is the legal difference between a like and a share?
Likes and shares are assessed differently in case law. A share that distributes content to a new audience tends to be treated as publication; a mere like is assessed differently. The outcome depends on circumstances and how it is distributed.
I shared by mistake and then deleted — is it fine?
Quick deletion helps but does not erase a publication already made. Document the removal and seek advice if you received a demand. Prompt, good-faith action can reduce exposure.
I added a 'look what they did' comment to another's post — does that raise risk?
Yes. Adopting the content and adding your own message may turn you from a distributor into an independent publisher, increasing exposure to liability.