Despite the recent crushing general criticism against the proposed amendment to Israel's libel law, which would make it easier for individuals to sue for defamation without having to prove damages, this bill actually has many positive aspects. There is no doubt that the current wording of the amendment will be softened by the Knesset Constitution, Law and Justice Committee and allow me to suggest one modification right off the bat: The amendment should impose a hefty fine on the source of the false information rather than on the reporter who prints it. Anyone who understands democracy knows that freedom of the press is essential in providing the public with truth, and with the tools to criticize the bodies that govern it. The real problem is trying to strike a balance between freedom of the press and individuals' basic rights. Every person has an undisputed right to protect his or her good name, and not just in the press. The central amendment to the law must focus on, as I've said, the source of the libelous information, be it a government official or even an individual leaking false information to the press to intentionally harm someone, and subsequently enjoying full immunity as a protected news source. It is much harder to prove the extent of the damage caused by libel than to prove the actual libel. Often the damage is impossible to prove how can you measure the damage to someone's name? Under the current law the courts are permitted to award the plaintiff in a libel suit up to NIS 50,000 without proof of damages. That's a laughable sum. A person's good name is worth much more. One can't help but get a sense that the press' harsh reaction to this amendment can be attributed to self-preservation and not just the preservation of democracy. The publication of anything that could tarnish someone's name requires a great deal of responsibility. The amendment would require the offender to print the complainant's full response, and that is entirely fair. The amendment also toughens the law against individuals who defame others maliciously, which is another welcome change. I propose that the bulk of the fine should be imposed not on the body that prints or broadcasts the libel, assuming they performed their basic duties, but rather on the source of the false information, even if the source is a government office in fact, especially if the source is a government office. In recent years, Israel's justice system has ordered employers to compensate employees without proof of actual damages. This trend is gaining speed and has quickly become a favorite among labor legislators but I have yet to see anyone from the media criticize this phenomenon. This goes to show that if the basic principle is unacceptable it should be unacceptable when applied to others, not only when applied to you (the media). The writer was formerly the chairman of the Knesset Constitution, Law and Justice Committee.
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