The plaintiff's conduct in this case is also contrary to the provisions of Regulation 74(b) of the Traffic Regulations, 5721-1961 (hereinafter - the Traffic Regulations), according to which parking or parking a vehicle without supervision is prohibited until after the operation of the engine and the ignition mechanism has been stopped and the ignition key has been removed.
14.2 Defamation - The plaintiff carried out a prohibited publication of defamation, which was expressed in the objectification of the plaintiff's daughter and her minimization, as was done in the presence of the plaintiff and the assistant, when the plaintiff compared the daughter to a piece of tin, and determined that the piece of tin was preferable. This constitutes a prohibited publication of defamation.
- Summary of the Plaintiff's Defense Arguments in the Counterclaim:
The counterclaim is an empty claim, devoid of any factual basis, and is based on baseless claims, with the sole purpose of filing it to create a "balance of terror" against the plaintiff's claim.
The plaintiff never said the statements attributed to him by the defendant. The plaintiff never - and certainly not publicly - compared the defendant's daughter to anything, and certainly did not compare her to a "piece of trash".
- The exchange between the parties took place in private, and not in front of a crowd of people. Therefore, according to the defendant's claims in the counterclaim, the basis for publication is absent.
- In all the context of the claims that rely on the tort of breach of statutory duty, apart from the fact that this is a "cause" that clarifies the defendant's desperation and her attempt to give artificial volume to her claims, this argument of the defendant in this case is not at all clear and the elements of the alleged tort do not exist at all.
- Discussion and Decision:
What is defamation, the publication of which is referred to by the provisions of section 1 of the Prohibition of Defamation Law, 5725-1965 (hereinafter - the Prohibition of Defamation Law)? The answer to this question is found in the provisions of section 1 of the Prohibition of Defamation Law, where it is stated: