Adv. Gohar referred to academic articles that analyze the phenomenon of distributing content of a sexual nature as sexual violence and a violation of the basic right of crime victims to sexual autonomy, and the transformation of women into an object that can be exchanged and commercialized, which intensifies the gender gaps that underlie their production, distribution, and consumption.
In his arguments, he emphasized that the focus of the offense under the Videos Law lies in the publication of sexual content without consent, and that as the chain of distribution grows, its damage increases.
Adv. Gohar referred in his arguments to criminal appeal 5090/19 State of Israel v. Anonymous [Nevo] (November 18, 2018) (hereinafter: Case: Anonymous) in which criteria were set that must be taken into account when sentencing under the "Videos Law", including: the nature of the publication, the manner of dissemination of the publication, the distribution of the publication, the age of the victim of the offense and the extent of the actual damage.
It was argued that in the present case, the severity of the circumstances of the indictment was reflected in the first charge of the multiplicity of cases; the total number of victims, at least 52 young Israeli women and 14 Israeli minors; the amount of information and its content, which contained thousands of intimate, revealing and degrading photos and videos, as well as the personal information and contact details of 61 young women and 14 minors, in order to prove that they were Israeli young men and women; He also referred to the methodology and planning that preceded the commission of the offenses and the ease involved in distributing the information and streaming the media due to technological developments - the defendant distributed the information in a number of advertising channels, one of which included in some of the channels his participation was conditional on payment for joining the group and some of them free of charge and the financial profit he collected from the users.