Part Two - The Publications for which the Lawsuit Was Filed and the Summary of the Parties' Arguments
- The publications for which the lawsuit was filed
The lawsuit was filed in respect of three publications, which were defined in paragraphs 26, 28 and 32 of the statement of claim as the first, second, and third publications. Beyond that, the plaintiff described the defendant's conduct and four other publications. In his summary, the plaintiff refers to seven publications for which he says the lawsuit was filed. I will address all of these below.
- The three publications that were specifically detailed in the statement of claim, while defining them as first, second and third publications, are as detailed below:
- The first of three publications - a publication dated August 21, 2022 on the social network Facebook, which also appeared on November 3, 2022 on the defendant's website
On August 21, 2022, the defendant published on the social network Facebook, a publication that even appeared on November 3, 2022, on the defendant's website - "Surrogacy - The Comprehensive Knowledge Site in Israel". The publication referred to the sale of the surrogacy company to Danel, as well as to the claims raised by the defendant and, according to her, other couples as well. The publication reads as follows:
"Hey friends,
I assume that you also read the article about Manor/Danel today
I will summarize the main points: "Going Concern" note.
A loss of ILS 3.1 million in the first quarter of this year.
A loss of ILS 1.8 million in the second quarter.
If you sign with Manor. Keep that in mind. I don't know if there will be someone to repay.
I want to put a few things in the article in a different light.
Ami Manor writes in the article that Danel has experienced a 40% decline in surrogacy agreements, and all this due to his departure from the company.
In my opinion, and again this is my opinion only, Ami Manor signed agreements in order to inflate the company's value, knowing that he would not meet his obligations and agreements.