Stage 1 - The objective meaning of the phrase - advertising:
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- In the first stage of the analysis of the tort of defamation: "The meaning that arises from it must be extracted from the expression according to the standards accepted by a reasonable person, that is, the expression must be interpreted objectively, in accordance with the external circumstances and the implied language [...]" (Schocken Reshet case).
- The plaintiff claimed that the defendant's words were made in circumstances of war and poignant public discourse in the context of evasion of military service attributed to the plaintiff, and against this background the defendant's words should be addressed; The defendants do not relate to the objective significance of the publication and in fact their position 'skips' this stage of the hearing, when, as will be detailed in detail below, their approach should be seen as part of public criticism and public debate between the plaintiff and the defendant.
- With regard to the objective meaning of the defendant's words, the subject of the dispute - a person from the community and/or a reasonable person and/or an ordinary person who listens to them (and observes the defendant) understands that the defendant is attributing to the plaintiff a de facto evasion of military service, and for this reason the plaintiff (and other members of the media) is prevented from criticizing the Cabinet and the government, and the plaintiff should be considered part of the "group of feeble panickers".
Stage 2 - Are these publications for which the law imposed liability in view of constitutional balances:
- In the second stage of the defamation tort analysis , "it is necessary to clarify, in accordance with the purpose of the Constitutional Balances Law, whether it is an expression for which the law imposes liability, in accordance with sections 1 and 2 of the Law" (Schocken Reshet case).
- Section 2 of the Prohibition of Defamation Law defines 'publication':
"Publication, for the purpose of defamation - whether orally or in writing or in print, [...]