This section is not merely declarative. It sets the first sieve in the way of expressions that are subject to the examination of the law. "The law is enumerated," I wrote in a previous case, "As with any piece of legislation that seeks to strike a balance between basic rights and competing interests, there are a series of filters, each with a specific weight according to its contributing characteristics and its location.'Geographic'. Already in the section [The first Law] An important strainer is installed. Due to his position [e]Filter of the first section of the law I do not believe that his words should be read literally. Otherwise, most of the expressions before the courts are presumed that they will pass this section without difficulty. In my opinion, the element that requires that the publication 'May humiliate, humiliate, and harm' - The grouped language of the four alternatives in the section is intended to block the entry into the walls of the law of publications which, in light of the totality of the circumstances, are not considered by a reasonable recipient - even if they are inherently negative - as being likely to damage the good name of their subject" (Civil Case (Shalom Tel Aviv-Yafo) 39556-08-18 Adv. Brand v. Iris, in paragraph 14 of my judgment (published in the databases on October 5, 2020)).
- Defamation of "public figures"
- The case law in defamation matters did not ignore possible differences between a plaintiff, who is an ordinary person, and someone who is a "public figure" (see, in particular, the comprehensive review of Shenhar, Defamation Laws supra, at p. 124). On the one hand, it has been recognized that for a public figure, a good name is often an unparalleled asset (Civil Appeal 1104/00 Appel v. HassonIsrSC 56(2) 607, 621 (2002); Civil Appeal 89/04 Dr. Nudelman v. Sharansky, in paragraph 19 of the judgment of The Honorable Judge Ayala Procaccia (Published on the Judiciary website, August 4, 2008). "When he enters public activity, the public figure does not shed his dignity and does not expose himself to any libel. On the contrary, his good name is sometimes especially important to him, since without him he will find it difficult to make his way into the hearts of the public" (Civil Appeal Authority 10520/03 Ben Gvir v. Dankner, in paragraph 19 of the judgment of Justice Rivlin (Published on the website of the Judiciary, November 12, 2006).
- On the other hand, the recognition of the high status of freedom of political expression (as opposed to other aspects of freedom of expression and see High Court of Justice 606/93 Promotion of Entrepreneurship and Publishing in a Tax Appeal v. Israel Broadcasting Authority, PD 48(2)1, 12 (The Honorable Judge Dalia Dorner) (1994); High Court of Justice 10203/03 "The National Census" in the Tax Appeal v. the Attorney General, IsrSC 62(4) 715, 761 (The Honorable Judge Miriam Naor(2008)) Hearing the understanding that public figures may be more exposed than others to offensive expressions and that the balancing point between their right to a good name and freedom of expression may often find itself closer to the latter (Civil Appeal 214/89 Avnery Ibid., at p. 866; Civil Appeal Authority 817/23 New Contract Association v. MK Zohar, in paragraph 15 of the judgment of the The Honorable Judge Noam Sohlberg (Published on the Judiciary website, May 30, 2023).
The case law further underscored the importance of public discourse, public criticism, and the ability to supervise and control the actions of public figures, one of the most important means of which is free expression. "There are those who believe that it is difficult to separate a social discussion of positions and ideas in which the public is interested, from a discussion of opinions and thinkers," wrote the Honorable Justice Beinisch, with the understanding that these are often intertwined (Civil Appeal 1104/00 Appel, supra, at p. 621). The defenses chapter in the Prohibition of Defamation Law also singled out the specific defense in section 15(4) thereof for expressions about public figures , which relates to "publication[,] [which] was an expression of an opinion about the conduct of the victim in a judicial, official or public position, in public service or in connection with a public matter, or about the character, past, actions or opinions of the victim to the extent that they were discovered in that conduct."
- In the context of the right to a good name, the argument was also raised for the "implicit consent" of the public figure to be more exposed to damage to his good name (Civil Appeal 439/88 Ventura Ibid., at p. 822). "The expected endurance threshold from[people-]The public is by no means the threshold of endurance expected of the general public" (Additional Criminal Hearing 7383/08 Ungerfeld v. State of Israel, IsrSC 65(1) 23, 64 (Vice President Rivlin) (2011)). The public figure, it was finally assessed, may be more accessible than others to information and tools that will enable him to protect his good name and to remedy, other than by filing a defamation lawsuit (Civil Appeal 1104/00 Apple Ibid., at p. 621. But see Shenhar, Defamation Laws supra, at p. 119).
Some have even ruled that already in the first section of the Prohibition of Defamation Law, offensive expressions must be filtered out, because a reasonable listener will see them as part of the "professional risk" that the public figure takes upon himself and will not consider them offensive or degrading (Civil Appeal 4534/02 Schocken Network in Tax Appeal v. Herzikovich, IsrSC 58(3) 558, 570 (President Barak) (2004); Civil Appeal 7380/06 Heter-Yishai v. Gilat, at paragraph 39 of the judgment of Justice Naor (published on the Judiciary website, March 2, 2011). See, on the other hand, the dissenting position of Justice Procaccia Other Municipal Applications 89/04 Dr. Nudelman, supra, at paragraph 30 and the judgment of Justice Amit Other Municipal Applications 3322/16 IDI Insurance Company in Tax Appeal v. Israel Insurance Agents Association, at paragraph 22 (published on the Judiciary website, April 30, 2017)).