Man Must Pay Ex-Girlfriend Tens of Thousands for Defamatory WhatsApp Messages

A family court recently ruled in favor of a woman who sued her ex-partner for defamation, ordering him to pay her tens of thousands of shekels for WhatsApp messages he sent to friends and a group chat. The ex-girlfriend, who is significantly older than her former partner, had been in an on-again, off-again relationship with him for about two years. She claimed that the messages, which accused her of having sexual relations with other men, constituted defamation and damaged her good name.

The ex-partner argued that private messages do not constitute "publication" under the defamation law and that the messages were sent only to close friends to express his pain, not for widespread dissemination. However, the court rejected this defense, stating that even messages sent to close friends can be considered publication. The court cited precedent that the recipient being a close friend does not negate the element of publication, as the law defines publication as communication to one or more people besides the injured party.

The court further established that accusing someone of having extramarital affairs or promiscuous sexual behavior constitutes defamation if the person is identifiable and the publication could humiliate or degrade them in the eyes of a reasonable person. The judge found that the ex-partner failed to prove his claims about his ex-girlfriend's sexual conduct, meaning the publications were not truthful. Even if the information had been true, the court noted, it concerned intimate details that warrant heightened protection against disclosure.

Examining the messages, the court determined that the ex-girlfriend was presented in a degrading and humiliating manner, portrayed as promiscuous and having her privacy violated. The court specifically noted the man's use of vulgar language and explicit references to sexual relations, which presented the woman in an extremely negative and laughable light, thus constituting defamation.

Regarding compensation, the court considered the significant age gap between the parties and the resulting power dynamics. While acknowledging the man was an adult when he sent the messages, the court factored in the parties' differing interpretations of their relationship, influenced by their age and life experience. The man testified he viewed the relationship as his "everything," while the woman stated it was clear from the start that the relationship was "just for sex."

The court awarded 25,000 shekels for the messages sent to the WhatsApp group (exposed to dozens of people) and an additional 5,000 shekels for private messages to a few friends, totaling 30,000 shekels. The court also ordered him to pay 11,000 shekels for legal expenses. In its considerations for the compensation amount, the court took into account the defendant's young age, the age and experience gaps between the parties, his financial situation, and a written apology he sent.

Daniel Friedenberg, a founding partner at Hoffman & Friedenberg, who was not involved in the case, commented that the ruling underscores that the end of a relationship does not negate the right to a good name and privacy. He emphasized that even messages to close friends can be considered defamation and that sharing the pain of a breakup does not grant immunity from liability for harming an ex-partner's reputation.