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Publishing a general warning against hiring a person and inviting them to receive additional details on the subject will be considered defamation

A woman posted a message in a local WhatsApp group of business owners, identifying herself with her full name and mobile phone number. The post included a clear photo of her former employee and an invitation to speak with her before any business owner would consider hiring the employee.

The court ruled that the announcement amounted to defamation. The law defines defamation as something the publication of which is likely to humiliate a person in the eyes of others, to make him the target of hatred, contempt or ridicule on their part, and to harm an occupation, whether through oral, written or printed publication. In addition, to determine whether it is defamation, the objective meaning of the publication will be given to the reasonable reader. Here, the language of the written announcement was clear and intended to prevent the employee from being employed, which intensifies the harm to the employee’s occupation. In addition, it is clear that a reasonable employer who came across an advertisement of this nature would not bother to contact the employee for explanations but would rather disqualify her as a potential job candidate. Therefore, it is defamation.

 

Doron Afik

Managing Partner at AFIK & Co. Attorneys & Notary

Jurisdiction: Tel Aviv


Phone: +972-3-6093609

Email: doron@afiklaw.com