Ostensibly, in light of the context in which the words were made, when it is clear to the reader of the post that it was written following a "fresh" incident, which occurred shortly before the publication, the publication of the words should not be regarded as defamatory publication. Not every statement made in a time of anger, even if it hurts and insults the object of the matter, constitutes a basis for a lawsuit under the Prohibition of Defamation Law. Where it is clear that things were said as part of a loud quarrel between two people, when a person is still in a state of turmoil, they should not necessarily be regarded as defamation. In this regard, see the words of the scholar Uri Shenhar, Laws of Defamation, 5757, 132 ff.
Does this apply to this case as well? Is this really a publication that is merely insolence? In every case of insults, shouldn't we see it as defamation?
It seems that this case and the publication of the first post are not just a case of hurling insults at another person during a loud argument. First, this is a Facebook post, which was not made during the loud quarrel between the plaintiff and the defendant, but rather after a certain period of time has already passed. It is the nature of this kind of publication that it is made after some thought and not as an immediate reaction to and during a loud quarrel. In any case, it is not appropriate to use such blunt language, but it is certainly more serious to hurl such things after a certain period of time, and even more so in writing. It's not just about hurling derogatory epithets, more polite or less polite. This is a concrete accusation, which is related to the plaintiff's occupation. Imposing this blame on such a person is liable to humiliate him and may even harm his profession. This is not mere insults, but much more, when the publication includes concrete accusations, relating to the plaintiff's work.
I am of the opinion that because of the content of this publication and because of the manner in which it was published and even the timing of the publication, this is a defamatory publication.
- In section 14 The Prohibition of Defamation Law states:
"In a criminal or civil trial due to defamation, it will be a good defense that what was published was true and that the publication was of public interest; This defense will not be denied merely because the veracity of an ancillary detail that does not cause any real harm has not been proven."