In the framework of the hearing of a civil lawsuit by virtue of the Protection of Privacy Law, it is necessary to examine the existence of the protections set forth in section 18 thereof, which reads as follows:
"In a criminal, civil or administrative trial due to an invasion of privacy, it will be a good defense if one of the following is met:
- The infringement was done by way of publication that is protected under section 13 of the Prohibition of Defamation Law, 5725-1965;
- The defendant or defendant committed the injury in good faith in one of these circumstances.."
In other words, the Privacy Protection Act creates two types of protections against a civil lawsuit. Subsection (1) deals with cases in which the publication is "protected", i.e., it is permitted, even though it violates privacy, whatever the motive of the advertiser. Subsection (2) establishes defenses against a civil lawsuit when the publication is prohibited, and stipulates them on the good faith of the advertiser.
- In this way, the Protection of Privacy Law is similar to the Prohibition of Defamation Law to which it referres, in which section 13 establishes a series of types of permissible publications, even if they harm the good name of the victim, while sections 14 and 15 provide protection to the advertiser where the publication is prohibited, if he acted in good faith and there are special circumstances (such as if the publication was true and was of public interest).
- Among the publications permitted under section 13 of the Prohibition of Defamation Law are also publications made by virtue of the principle of publicity of the hearing. Thus, Section 13(5) of the Prohibition of Defamation Law states that the correct and fair publication of a judgment is not prohibited:
"Publication by a judge... which was made in the course of a hearing before them, or by their decision, or by a publication by a litigant, the representative of a litigant or a witness, which was made in the course of such a hearing..."