Demand for Maximum Statutory Compensation for Publication with Intent to Harm
The plaintiff petitions to require the defendants to pay monetary compensation without proof of damage in the total amount of ILS 474,864, based on three times double the statutory compensation, for the three defamatory publications that were made with the intention of harming. In addition, he petitions to oblige the defendants to publish a denial, correction and clarification in a prominent and central manner, as well as to obligate them to pay legal expenses and attorneys' fees.
The main arguments of the defense
Lack of defamation and justification of expressions
The defendant's remarks about the plaintiff were a response not only to an interview given by the plaintiff that morning, in which he supported the civil war instigators by the opponents of the reform, but also to the statements and events that preceded them, some of which the defendant was personally involved in.
In February 2023 or thereabouts, the defendant entered the restaurant in a civil case together with his son. Attorney David Hodak, who was at the restaurant at the time, turned to the defendant and told him: "If I had a gun, I would have killed you all." The defendant, who was with his son, was stunned by what he said and asked Attorney Hodak: "Will you take a gun and kill me?" The defendant did not remain indifferent to Attorney Hodak's serious threats and published them and spoke about them in several places, because he felt threatened personally.
At the beginning of February 2023, Adv. Hodak participated in a conference of the Eilat Bar Association, where he said the following: "If someone forces me to live in a dictatorship and I have no choice, I will not hesitate to use live fire." Adv. Hodak was interviewed on media channels, including on the "HaTzintube" program, where he did not retract his words and even harshly said: "If a dictatorship is forced on me, I will fight... Even with weapons if necessary... Shoot people? I will do whatever it takes to prevent a dictatorship here."