Defamation & Privacy · Legal briefing
Defamation Damages Without Proof of Loss
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
A harmful false publication causes distress, but you cannot quantify the financial loss. Can a claim still be considered?
The legal position
Defamation Law section 7A provides discretionary damages up to an indexed base of NIS 50,000, linked from September 1998. Proven intent to harm may permit up to double, but harmful publication alone does not trigger doubling. Subsection (d) limits repeated no-loss-proof compensation for the same defamation. Publication, identification, meaning and defences still matter; multiple posts do not ensure arithmetic multiplication of the ceiling. Official source 1 Official source 2
Your next step
Preserve the complete content, link, date, audience and harm records. Check defences and the current indexed amount. Compare proven-loss and statutory routes without presenting the ceiling as a guaranteed award.