Things exchanged during legal proceeding are not deemed defamation even if said regarding a person who is not a party to the proceedings

July 9, 2020
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A company sued a person and in a document filed by such person he defamed the wife of the company manager.
The Court dismissed the wife’s claim and held that because the things were exchange during legal proceeding, they are not deemed defamation. The Israeli Law of Defamation fully protects exchanges made during legal proceedings. This defense balances the protection of a person’s good name and the public interest for due legal process, without those involved in it apprehending legal claims because of statements that may be considered defamatory. The sole condition for the application of the defense is that the publication is made during legal proceedings and one does not review the content of the statements. Here, the contention that the statements are not relevant to the legal proceedings or that such were made against a person who is not a party to the proceedings are contention regarding the content of the statements, when such were made during a legal proceedings and therefore fall within the defense under law.