Israeli Court Holds WhatsApp Group Admins Liable for Defamatory Posts in Yom Kippur War Veterans' Dispute

The Israeli Supreme Court has yet to define the legal boundaries of WhatsApp group administrators' responsibility for members' posts, but a current appeal case may clarify this issue. The case involves a defamation lawsuit filed by Doron Ben Shimon against Anath Kleinman, Beni Bashan, and Yom Tov Tamir, administrators of two WhatsApp groups for veterans of the 9th Battalion, 14th Armored Brigade, who fought in the intense and bloody battle at the Orkal outpost during the Yom Kippur War. The groups, "9th Battalion Forever" and "50th Reunion Group," were managed by Bashan and Kleinman, and Tamir, respectively.

Ben Shimon was accused in these groups by a member referred to as "the publisher" of abandoning his comrades during the battle and fleeing with their tank, leaving others behind. The accuser claimed he jumped out to seek medical help but was captured by Egyptian forces. Alongside this serious accusation, the posts included severe insults and curses against Ben Shimon. Due to the accuser's fragile mental state and risk of suicide, Ben Shimon refrained from suing him, but he pursued legal action against the group admins for failing to remove the defamatory content despite his requests.

Ben Shimon attempted to defend himself within the groups, but the administrators allowed the attacks to continue. Even though Tamir publicly apologized to Ben Shimon in March 2022, the harassment persisted, leading Ben Shimon to leave the groups in June 2023. The case highlights the deep wounds of post-traumatic stress and internal conflicts among veterans, described by the judge as "Jewish wars" and "brotherly fighting."

Judge Yair Delugin of the Tel Aviv Magistrate's Court ruled the posts constituted defamation and held the group administrators responsible for not stopping the harmful publications. He rejected defenses of truth and good-faith opinion, noting the posts were unproven factual accusations and malicious insults. The court ordered Kleinman to pay 20,000 shekels, Bashan 40,000, and Tamir 30,000 in damages. The defendants appealed, arguing there was no direct dispute with the accuser, the posts were not attached to the lawsuit, and administrators of open groups cannot be held liable for third-party content without control or removal ability. They also cited freedom of expression.

The case underscores the evolving legal standards for WhatsApp group administrators, who may be liable if they knew of defamatory content and failed to act. The judge criticized the admins for removing Ben Shimon instead of the accuser and for delayed responses to multiple harmful posts. The conflict reportedly ignited after Ben Shimon shared a novel about Jewish-Roman wars, which the accuser reacted to with hostility. This case may prompt the Supreme Court to unify the legal approach to online group responsibility in Israel.