Caselaw

Civil Case (Criminal Appeal) 38177-12-12 Moti Navon v. Radio A-Shams Ltd.

January 30, 2015
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Afula Magistrate’s Court
   
Civil Case 38177-12-12 Navon v.  Radio A-Shams in Tax Appeal et al.

Exterior Case:

 

 

Before The Honorable JudgeShaden Nashef-Abu Ahmad

 

 

Plaintiff

 

Moti Navon

 

Against

 

 

Defendants

 

1Radio Al-Shams Ltd.

2Soheil Karam

3‘Abd Abu Leil

4Ben Zion Kirschentzweig

5Yosef Alkobi

 

 

Decision

 

Before a motion for summary dismissal filed by defendant 5 (hereinafter: "the Applicant") due to lack of cause, lack of rivalry and lack of substantive authority.

The Prosecution

We are dealing with a lawsuit that raised three publications that, according to the claim, constitute a tort of defamation.

In the statementof claim, it was claimed that on May 19, 2012, a sports program was broadcast on a radio station called "Al-Shams" operated by defendant 1, summarizing the 2011/2012 sports season, inwhich three defamatory publications were published.

In the first publication, it was claimed that the plaintiff, an attorney by profession who was appointed on June 20, 2010 by the Nazareth District Court as a trustee in the stay of proceedings of the "Maccabi Illut" association, was involved in the bias (sale) of a soccer match that took place on May 7, 2012 at the stadium in Ness Ziona between the "Ness Ziona Section" team and the "Hapoel in Nazareth Illit" team.  The publication also claimed that a few days before the game, the plaintiff was seen in a meeting at a hotel in Tel Aviv with officials connected to the two teams, and that during the game, the plaintiff was seen walking around the field with the CEOs of the two teams.

In the second publication, defendants 4 and 5 contacted the Football Association demanding that the plaintiff be brought to justice for the act alleged in the first publication.

In the third publication, defendants 4 and 5 contacted the Weizmann-Yaar investigation agency directly, presented it with the version in the first publication and demanded that an investigation be opened against the plaintiff on suspicion of criminal acts.

The lawsuit also claims that the defendants repeated some of the publications that were broadcast on the radio station on May 19, 2012, on other programs on various occasions.  Defendant 4 said on a radio program broadcast on May 26, 2012, "that wherever the respondent goes, he will make sure to get dirty on him." In addition, defendant 3 made diversion and/or threats against the plaintiff in the framework of the radio program at the station "A-Shams", which were intended to prevent the latter from entering the city of Nazareth.

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