WhatsApp Group Admins Ordered to Pay NIS 90,000 for Defamation of War Veteran
The Tel Aviv Magistrate's Court ruled that WhatsApp group administrators can be held liable for defamation if they are aware of harmful posts and fail to act promptly to remove them. This decision came after three administrators of WhatsApp groups for soldiers from the 9th Battalion of the Yom Kippur War were ordered to pay a total of 90,000 shekels to a soldier who was subjected to a prolonged defamation campaign within these groups.
The soldier filed two lawsuits against the group admins after another member repeatedly posted dozens of messages calling him derogatory names such as "big scoundrel," accusing him of abandoning his post during battle, labeling him a "war criminal" and "evil," and urging his expulsion from the battalion group. The plaintiff chose not to sue the original poster due to his fragile mental state but held the group admins responsible for not stopping the defamation despite his repeated complaints.
The defendants argued that group admins should not be held accountable for others' posts, framing the messages as part of a historical debate among veterans and noting that they themselves did not post the defamatory content. They also claimed to have attempted to calm tensions, remove messages, and apologize to the plaintiff in some instances.
Judge Yair Delugin ruled that the posts exceeded freedom of expression and constituted severe defamation. While admins are not automatically responsible for every message, in this case, they were aware of the harmful content and failed to take reasonable measures such as deleting posts, removing the offender, or muting the groups. The court distinguished between the defendants, imposing lower compensation on one who took steps to remove posts and apologized. Ultimately, one admin was ordered to pay 20,000 shekels, another 40,000, and the third 30,000.
Attorney Yossi Gabay, specializing in defamation cases, emphasized that group admins cannot ignore repeated attacks on individuals once informed. He noted that WhatsApp groups serve many community functions today, and admins must act when discussions cross from legitimate debate into harmful, defamatory attacks. Failure to do so, he warned, could result in legal consequences, as silence may be interpreted as complicity.
