The phrase "stupidity" was used to illustrate the defendant's opinion that the plaintiff does not understand the implications of his words about civil war - "because you are an idiot who does not understand what you are talking about" - this expression deserves protection in the context in which it was said and in the emotional turmoil in which the defendant was at that time, and in any event, according to the case law, not every curse or insult constitutes defamation.
Defense of Truth in Advertising and Defense of Good Faith
The defendant has defenses under the Prohibition of Defamation Law, 5725-1965, including the defense of the truth of publication under section 14 of the law, where the two elements of this section are met. The defendant's words were a response to the plaintiff's words in the interview, and the factual part according to which the plaintiff supported those who threatened civil war and firearms is truly true. The plaintiff's remarks about an armed civil war ("unpleasant things happen in war, including the use of weapons") constitute a clear public interest that justifies the publication.
The defendant also has the defense of good faith under sections 15(2), 15(3), 15(4) and 15(6) of the Law.
With respect to defendant 2, it was argued that it has a defense under section 15(12) of the Law, which applies to a means of communication broadcasting live.
With regard to the amount of compensation , the defendants deny any intention to harm the plaintiff. In addition, they argued that the artificial splitting of the monologue into three separate publications should be postponed, and that the matter should be considered as one publication and one tractate that does not establish a right to separate compensation.
The plaintiff's main arguments are the reply
Rejection of the defendant's version of fear, apprehension or emotional turmoil
The defendant's claims that he was in fear or agitation are unfounded. A person who feels a real danger to his safety, let alone the safety of his family members, immediately turns to the police, and does not wait for long hours just to arrive at the studio and deliver an offensive and planned monologue in writing, when no complaint was filed with the police even at the end of the broadcast.