The principles of the legal system, the search for expression and the search for creation, give every person the search for expression, including the search for creation, and certainly the search for fiction as well. On the other hand, against these rights there are rights that are no less important, including the right to a good name and privacy. This is how tension is sometimes created and in those cases of tension, there is no choice but to strike a balance. Thus, in fact, every publication against him is alleged to be defamatory or an invasion of privacy. The same is true of the publication of a literary work.
- The work that stands at the heart of the disputes, the same chapters from a book published by the defendant, is a work of the kind known as "fictional literature". That is, a work based on imaginary people, places, or events, and not only on historical or real facts. The defendant even notes in the letters of Kiddush Levana as follows:
Exemption stipulation: The story is based on the author's imagination, and any connection between him and reality is purely coincidental.
The defendant brings to the reader's attention that we are dealing with a fictional story. He said that he spun according to his good imagination. For he certainly found inspiration in the events that took place and in the people of the flesh, but the whole story is only an invention. So is the story and so are the characters. This is what the defendant wrote, and this is how every reader who is exposed to the book will find.
Such a statement and the use of the phrase "exemption clause" cannot exempt the defendant from liability, a situation in which it is found that characters or details from the plot of the book can be identified as such in real life. Just as a person, one who does not possess the qualities of Baron Munchausen, cannot extricate himself from the mud by pulling himself by the hairs of his head, so it is impossible for a writer to absolve himself of responsibility by saying that he is weaving an imaginary plot that has nothing to do with reality.