Internet & Social Media Defamation · Legal briefing
Facebook Shares & Likes: The Shaul Ruling
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
You shared another person’s post or tagged someone rather than writing the original allegation. Can liability follow?
The legal position
In Civil Leave to Appeal 1239/19 Shaul v Naydly, the Supreme Court treated a Facebook share as publication under section 2, while a like alone was not. This does not resolve every comment, tag or platform action identically; content and actual dissemination matter. Sharers may rely on applicable defences and mitigation, including section 19. Liability and the original author’s damages are not automatic. Official source 1
Your next step
Preserve the action, link and context. Distinguish sharing, an independent comment and a like. Consider evidence preservation and reduced exposure before removal or response, and assess available defences.