An employer scolded an employee in an office WhatsApp group in a blatantly embarrassing and offensive manner and despite the employee's request to apologize for his words in the group, the employer refused to do so.
The Court accepted the employee’s claim and held that the texts contitute defamation. Israeli law defines defamation as something which publication may humiliate a person in the eyes of the public or make him the target of hatred, contempt or ridicule on its part, as well as harming a person in his job. The publication can be oral or written. There are defenses against defamation such as if the statement was made out of momentary irritation or a storm of emotions, as part of daily conduct, without considering such before blurting them, and if the tortfeasor apologized thereafter. Here, the publication was made in writing in an office group that includes all the employees. It is a written publication and not an oral one, so the employer could have carefully considered his words before sending them, but chose not to do so and also refused the employee's requests for an apology. Thus, the employer was ordered to compensate in an amount of ILS 60,000.