Facebook Post Sharing and Defamation

Adv. Eden Bakshi
Ronen Manor Law Firm & Notary

In a recent ruling, the Tel Aviv Magistrate’s Court upheld a defamation lawsuit concerning the sharing of a false Facebook post against the Abu Hassan hummus restaurant in Jaffa. The court determined that sharing another person’s post constitutes “publication” as defined in the Prohibition of Defamation Law, 1965 (hereinafter: "Defamation Law").

The defendant had shared on his Facebook page a false post (via a screenshot and an independent publication), which appeared to be a news report. The post falsely claimed that Abu Hassan's employees had been arrested after allegedly cooking chickpeas using water taken from the restaurant’s toilet.

The restaurant owner filed a lawsuit, arguing that the publication had gained significant traction on social media, sparking widespread rumors across the country. As a result, he found himself at the center of public scrutiny, forced to defend the reputation of his well-established restaurant, which he had built over decades. He further emphasized that his restaurant is a well-known culinary institution with a longstanding reputation.

The defendant contended that he mistakenly believed he was sharing a legitimate news report and did not suspect it to be false. Upon the plaintiff’s request, he promptly removed the post and even issued a clarification on his Facebook page. He further argued that his actions did not constitute “publication” under the Defamation Law, as he merely shared a post originally published by someone else.

Court's Decision

The court ruled that the publication constituted defamation as it had the potential to humiliate, expose the plaintiff to hatred, degrade him due to alleged acts, and harm his business, as outlined in Section 1 of the Defamation Law.

The court accepted the defendant’s claim that he mistakenly believed he was sharing an actual news report rather than a misleading, satirical post. However, it unequivocally ruled that sharing a defamatory publication originally made by someone else also constitutes defamation under the law. Furthermore, the court emphasized that even sharing a defamatory statement from a news website does not absolve the sharer from liability, stating:

"The fact that the information was published on a news website does not guarantee its reliability and does not, in itself, provide immunity from liability under the law."

(In this regard, it is worth mentioning the District Court's ruling in Civil Appeal 35757-10-16 Nidaily Communications Ltd. v. Yoel Shaul, which established that sharing another person’s Facebook post constitutes publication under the Defamation Law, whereas merely "liking" (reacting with a thumbs-up) a post does not. This ruling has been appealed to the Supreme Court, and as of the time of writing, the case remains undecided.)

Given the circumstances, the court ruled that the statutory exemptions and defenses under the Defamation Law did not apply in this case. However, it set the compensation at a relatively low amount, considering the following factors:

• The defendant quickly removed the post and published a clarification.

• He mistakenly believed it to be a legitimate news report.

• He was not the original source of the publication.

• There was no proven intent to harm the restaurant or its owner.

Final Ruling:

The court ordered the defendant to pay the plaintiff NIS 5,000 in damages, plus NIS 1,000 in attorney’s fees.

(Civil Case No. 38766-11-17 Karawan v. Suissa, published in Nevo)
Issued on July 14, 2019, by Senior Judge Ronit Pinchuk Alt, Tel Aviv Magistrate’s Court.