The Torah's attitude on the prohibition of lashon hara when it comes to the media revealing perpetrators
Question
I am a media student, and throughout my studies I frequently encounter complex halachic questions concerning the boundaries between freedom of expression, information disclosure, and lashon hara (harmful speech). From my time in yeshiva, I recall that the Chafetz Chaim sets stringent and detailed conditions for when speaking lashon hara for a constructive purpose is permitted. At times, it seems as though halacha tends to protect the offender—shielding him behind a wall of silence—while the victim, who has been harmed, remains unprotected and without recourse. How can we understand the Torah’s approach, which appears to exercise extreme caution toward wrongdoers rather than coming to the aid of those they have hurt?
Answer
First, I commend you for asking such vital questions and for your commitment to exploring lashon hara in the context of media and journalism. Given your likely involvement in this field, I encourage you to invest in thorough halachic study. Incidentally, a comprehensive practical study on media and lashon hara will soon be published by the Merkaz Torah uMedina.
Your question touches on a deep and fundamental issue in Jewish philosophy: the delicate balance between preserving an individual’s good name and the necessity of exposing injustice in order to correct it. Indeed, there is a widespread perception that Torah law “protects the guilty,” but this is a serious misunderstanding. Not only does the Torah reject the modern notion of a “public’s right to know”—in fact, it takes a stricter stance by insisting on the public’s obligation to know when genuine harm can be prevented.
The prohibition of lashon hara is derived from the verse:
“Do not stand idly by the blood of your fellow; I am the Lord” (Leviticus 19:16).
From this, the Sages (Sanhedrin 73a) teach that one is obligated to act when witnessing another in danger:
“How do we know that someone who sees his fellow drowning, being attacked by a wild animal, or assaulted by robbers is required to intervene? From the verse: Do not stand idly by the blood of your fellow.”
This obligation, as clarified by the Rambam and the Shulchan Aruch, extends beyond life-threatening danger to include preventing various forms of harm. Moreover, the Sages permit using force—even causing injury—to stop a rodef (pursuer) in order to save the victim. In this context, when someone seeks to harm another, it is not only permitted but often a mitzvah to publicize the matter, despite the potential damage to the offender’s reputation. One who hides behind false piety or the pretext of “You shall not be a talebearer” is, in fact, standing idly by the blood of another.
There are clear cases where speaking lashon hara for a constructive purpose is not only permitted but required, so as not to violate the commandment: Do not stand idly by the blood of your fellow. Rabbi Yisrael Isserlein writes in Pitchei Teshuvah (OC §156):
All the books of ethics raised alarm over the sin of lashon hara, but I raise alarm over the opposite—a sin even greater and more common: refraining from speaking out when necessary to save the oppressed from the hands of their oppressor.
When someone is aware of wrongdoing, and publicizing it is necessary to protect others or benefit society, doing so becomes a mitzvah. This reveals how highly the Torah values a responsible media system that operates within halachic boundaries for the public good.
Such a system can fulfill essential moral and societal functions, including:
- “You shall remove the evil from your midst”
- Protecting the vulnerable
- Oversight of justice and governance
- Informing the public responsibly
The Torah, therefore, not only permits the use of media—it sees it as a powerful ethical tool that can advance central moral and communal goals. The halachic limits it sets are designed to prevent unnecessary harm, baseless gossip, and the misuse of speech, ensuring that the “nuclear power” of communication is wielded wisely and with care.
The Torah does not protect wrongdoers—it demands that we act with responsibility, precision, and only speak when a clear benefit will result, with the aim of building rather than destroying.