The “Lashon Hara” Law
The Law of CHOK ISSUR LASHON HARA
חוק איסור לשון הרע
(in English, the law forbidding defamation of character )
The law stipulates a payment of up to 50,000 shekels as "compensation" (current amount in 2009) payable by the person who breaks the law, without the plaintiff having to prove damages of any kind. In case the amount claimed exceeds 50,000 shekels, the plaintiff must prove the damages for the amount over 50,000 shekels.
The courts in Israel have issued several decisions in the last years ordering the law offender to pay amounts that vary between one shekel and 50,000 shekels and much much more, in addition to legal fees, without requiring the plaintiff to prove the “real” damages suffered.
What is considered to be a breach of the law?
- Offending someone, calling them, for example, a Nazi;
- Writing that someone stole something (if it is not true);
- Insinuating that someone is purposely inciting someone else to commit a crime;
- And many other examples of this kind.
This kind of claim, up to about 3,000,000 shekels, may be filed with any Beit Mishpat Shalom (trial court).
The payment of a fee is required (“AGRA”) – nothing is for free. The fee for a claim in the amount of 50,000 shekels is about 800 shekels (sometimes more).
Any person may act on their own behalf without a lawyer, but I would not recommend this course of action. The lawyer charges 20% of the amount won in the case. If you lose, he does not charge and therefore does get paid (not all lawyers work this way. Some of them ask for some payment in advance).
Sometimes, the case is sent to mediation before being heard by a judge. I recommend that everyone make use of this right granted by law. It is a good “lesson” for those who take the liberty of using offensive expressions thinking there will be no consequences.
Attention: This information is relevant for people who are in Israel – the law in the United States (and in other countries) is different.
Sincerely,
Tzvi Szajnbrum, Attorney at Law