בין תרבות הדיון ובין השם הטוב של האדם (בעקבות רע"א 1104/07) (Between Civility and Reputation, Following C.A. 1104/07 Kheir v. Gil)

Abstract

The Supreme Court, in a majority opinion, held that a lawyer is immune against defamation actions regarding all statements made during judicial proceedings. However, the court ruled that a lawyer may be subjected to disciplinary procedures by the Bar. The court's ruling blurs the distinction between the ethical and disciplinary aspects of defamation on the one hand and its civil aspects on the other. Our argument is that disciplinary procedures by the Bar cannot and should not substitute libel suits, because. they have different goals and the interests represented in each of them are separate. Moreover, the option to impose disciplinary sanctions for defamation uttered during a hearing undermines the same rationale of the libel suit defense: keeping and protecting free speech in court.

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