The doubt, if he had remained in the heart of the "reasonable acquaintance", was removed when it became clear that the defendant mentions the plaintiff by his full name as a member of his circle of acquaintances.
I therefore accept the plaintiff's argument, reject the defendant's argument, and determine that the character of the "villain" in the book is the character of the plaintiff himself. The qualities that characterize the villain in the book are the qualities that the reader, the "reasonable acquaintance", attributes to the plaintiff.
- The Claim of Defamation
- After it has been found and determined that the "villain" in the book is the plaintiff, it is necessary to examine whether the publication that was made satisfies the foundations of the injustices to which the plaintiff alleges. This examination will be conducted in exactly the way claims of wrongdoing are examined in any publication, including the possibility of the existence of defense claims.
And to be precise. The mere determination to identify a plaintiff with a character in a story that purports to be fictional is not sufficient to determine the existence of a tort against the plaintiff. After all, we are dealing with a balance between the search for expression and the merit of a good name and privacy. In order to establish a claim of tort after that identification has been determined, the plaintiff has the burden of showing that a tort was indeed committed against him. that the manner in which it was presented constitutes defamation or an invasion of privacy.
- The first tort that the plaintiff claims is defamation under the Prohibition of Defamation Law, 5725-1965 (hereinafter: the "Prohibition of Defamation Law").
According to the plaintiff, the defendant hurled a variety of derogatory nicknames at him, including: thief, crook, spy, predator and traitor. In hurling these derogatory epithets, the plaintiff was presented as a criminal, as someone who deceives his friends, as a violent person, and as someone who should refrain from doing business with him due to his lack of credibility. This manner in which the plaintiff is presented by the defendant constitutes, according to the plaintiff, defamation against him.