This is also true for our case.
The defendant testified that he has been presenting with the defendant for about 4-5 years, and in fact from the moment the channel was established, and defined himself as "part of the 14 family" (p. 42, lines 20-27, p. 41, line 3).
Mr. Edri testified before me that he has been serving as the defendant's CEO for about 4 years. Prior to his current position, he served as the defendant's chief producer for about six months. According to his testimony, the program operated according to the same programmer, according to which when the program opened, the defendant would say, "Yes. He is a commentator, a commentator, he has something to say, he has his say. He is paid for it." (p. 84, lines 29-33, p. 85, lines 1-2, p. 85, lines 14-25).
Since the publication was carried out by the channel's regular program presenter and not by an external guest, the defendant is responsible for the publication with direct vicarious liability and cannot be protected under the protection of section 15(12) of the law, which does not apply to the presenters of the house on its behalf.
The provision of section 15(12) in effect imposes on the editors of programs in the electronic media, a duty of care that obligates them to try to find out in advance what will be said on the live broadcast and to prevent the use of the live broadcast in order to publish defamation. (Shenhar. pp. 649-650).
The relevant editor was not brought to testify and no real evidentiary basis was laid, proving that the defendant did what was required of her to prevent the publication of defamation, such as placing warning signs in front of the defendant.
Conclusion
The claim is partially accepted.
The defendants will pay the plaintiff, jointly and severally, the sum of ILS 75,000 . This sum will bear shekel interest from the date of filing the claim (September 10,2023) until the date of the actual full payment.
The defendants will also bear, jointly and severally, the plaintiff's expenses and attorney's fees in the sum of ILS 30,000. This sum will bear ILS interest from the date of the judgment until the date of actual full payment.