Section 7a(b) of the law states that in a civil law, the court may 'oblige the defendant to pay the victim compensation not exceeding ILS 50,000, without proof of damage.' The section was enacted with the understanding that it is difficult to prove damage due to defamation, and therefore, the assessment of the compensation due to it must be submitted to the discretion of the court, in accordance with the circumstances proven before it.
Here, too, an appropriate balance must be struck between the right to a good name and privacy, and the important value of freedom of expression. Among other things, the nature and circumstances of the injury, the status of the offender and the victim, their behavior, the severity of the injury, the distribution of the publicity, and even the fact that he is a public figure, must be taken into account.
- The damages for defamation are intended to compensate the injured party for the damage to his good name; to compensate for the wrongdoing; To correct the injustice that was done to him. The amount of compensation plays a significant role in this; A very low compensation award, in relation to the number of publications, their severity and their circumstances, may achieve the opposite goal. The compensation must also reflect the society's attitude toward a person's good name (which, as we will recall, constitutes an important basic right), and the proper manner in which criticism should be voiced... 'In awarding damages for defamation, the court will take into account, inter alia, the extent of the injury, the status of the injured party in his community, the humiliation he suffered, the pain and suffering that was his lot, and the expected results of all of these in the future. The exam is individual. Do not set 'rates'. In any case, the nature of the publication, its scope, its credibility, the extent of its harm and the conduct of the parties must be taken into account. Civil Appeal Authority 4740/00 N. Yosef said:granted on August 14, 2001.
- Article 19 The law establishes considerations that the court will take into account, in favor of the defendant, when assessing the damage, as follows:
'When sentencing or awarding damages, the court may also take into account in favor of the defendant or defendant the following: