2023-08-21 09:08:24
The complaint was dismissed by the court which held that there was no evidence of active or overt defamation
A member of an Israeli spinning club was kicked out of the group’s WhatsApp conversation by his administrator, which he says sparked a wave of rumors against him. So he decided to sue for defamation, the Kan public broadcaster reported on Monday.
However, the suit was dismissed out of hand by Judge Israel Path. According to the magistrate, there was no evidence of active or manifest defamation, which is a necessary condition for considering that there has been a defamatory publication, under section 2 of the Defamation Act. He also pointed out that nothing about this case appeared to have been published, either explicitly, implicitly or otherwise.
Yonatan Sindel/Flash90Jerusalem District Court
In addition, the judge found it difficult to consider the exclusion from the WhatsApp group as a passive posting of defamation. Indeed, this act did not include any form of publication, whether written, oral, printed, illustrated, animated, sound or otherwise.
Finally, Justice Path concluded that the complaint should not be allowed due to judicial policy considerations. He considered that this complaint was a misuse of a legal right without sincerity and violated freedom of expression on social networks.
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