It should also be noted that when a claim of damage to reputation is raised, the plaintiff is required to prove the damage and damage caused as a result (Civil Appeal 2634/09 Rotenberg v. Algo Irrigation Ltd., para. 44 (January 6, 2011)). However, the counter-plaintiffs did not prove the existence of goodwill and value - neither of the venture nor of Froimovich's personality; No damage to Schorber's reputation has been proven to be responsible; Nor is there any claim or detail in the summaries, as aforesaid, of quantifiable damage caused due to damage to reputation that can be attributed to Werber (noting malfunctions in the system after the launch that led to various complaints that were attached to Werber's evidence).
Since the argument was rejected for these reasons, there is no need to address Werber's arguments in their summaries that the publication is directed at a company that did not file a lawsuit and that Froimovich and KSA did not prove that the contents of the published post were directed to them; as well as the argument that Yonat has the protection of the truth of the publication under section 14 of the Prohibition of Defamation Law and the protection of good faith of a legitimate personal matter under section 15(3) of the Law.
- The counterclaim is therefore dismissed.
Before Conclusion
- In their summaries, the parties raised many arguments. In the judgment, I addressed the main arguments and those that need to be decided. The absence of reference to one argument or another does not mean that the argument has gone unnoticed by me, but I did not believe that it was necessary to address it for the purpose of deciding.
Conclusion
- The main claim is accepted in part, as stated above. The counterclaim is dismissed. Accordingly, the defendants are obligated, jointly and severally, to pay the plaintiffs the sum of ILS 534,247, which is estimated under the Interest Rulings and Linkage Law as of the date the claim was filed.
- The defendants will bear Werber's attorney's fees for the claim and the counterclaim in the total amount of ILS 80,000. In addition, the defendants will reimburse Werber for the amount of the fee in proportion to the amount awarded; In the fees of the witnesses paid by Werber and half of the sums that Werber paid to the expert on behalf of the court and to the expert on their behalf (only half because many of Werber's claims regarding which the expert was required were not accepted). These sums (excluding attorney's fees) will be paid when they are estimated in accordance with the Interest and Linkage Rulings Law from the date of payment of each of the payments.
- In ruling on expenses and fees, I gave weight to the fact that this was a relatively complex legal proceeding that began in 2018; that five hearings were held, including two evidentiary hearings; the large volume of material in the case; the scope of the dispute and the complex work with the court's expert; the various motions that were filed; and the fact that key elements of the main claim were accepted, and that the counterclaim was dismissed in its entirety.
- Before signing, I would like to express to the parties my apologies for the long time until the judgment was rendered, which stemmed from the fact that due to the lengths that were requested and to which I agreed, it was not possible to write the judgment during the summer recess (as planned), as well as due to various burdens and constraints.
The right to appeal as a law to the Tel Aviv-Jaffa District Court.