A woman was accused by her neighbor in front of the residents of the condominium for stealing money, while she served as the head of the house committee, without indicating that a complaint filed by him to the police on the subject was closed due to lack of guilt.
The Court accepted the claim and determined that it was defamation. Israeli law stipulates that defamation is publication that may lead to the humiliation of a person, or make him an object of hatred, contempt or ridicule in the eyes of others. The publisher may have a defense, inter alia, if the publication is true and is of public interest or if it is made in good faith. Here, the publication in the condominium residents’ group, in particular when the subject of the publication served as the head of the condominium committee, is a derogatory and humiliating publication. No evidence was presented for the truth of the publication, especially given that the complaint to the police was closed due to lack of guilt. In addition, failure to indicate the closure of the complaint negates the defense of good faith. Therefore, the publication amounts to defamation.