(par. p. 166, paras. 27-35, p. 167, paras. 1-2)
- On January 1,2019, a gag order was issued regarding the affair. Barkai explained that based on the instructions of the State Attorney's Office and the delivery of the materials to the police, as well as in accordance with the gag order, the defendants refrained from publishing any information related to the affair (para. p. 257, para. 10). He said: "It became clear to us, and I don't know if it was on our initiative or at the initiative of the State Attorney's Office, the materials would be given to the police. The person who had the materials was Hadas, she gave all the materials to the police and it was clear to me personally that from that moment on the 'game' was not ours. I don't want to say that we are subject to the arbitrariness of the police's decision, but that there is another player here. I don't know if we were happy but we did what was imposed on us and did not release anything for publication" (par. p. 257, paras. 31-36).
From the evidence brought before me, I do not find any support for Naveh's claim that it was the defendants who leaked details of the information they received to third parties. In this context, exhibits were brought before me regarding the police interrogation of Steif and Yuli regarding the leak of the materials. These exhibits do not support the claim that the defendants were the ones who leaked the materials to third parties. The fact is that the police did not find an evidentiary basis for prosecuting Shteif or Yuli for these suspicions. Even the testimony of Doron Herman, who testified about the leak of the materials already in December 2018, does not indicate that the defendants were the ones who leaked the materials (a matter that in any case is contrary to their interest in maintaining the exclusivity of the information). On the contrary - I got the impression that the defendants acted within the framework of the instructions given to them, by the legal counsel and police officials, and did not distribute the content on the Internet or in any other way.
- On January 16,2019, Naveh was arrested by the Israel Police on suspicion of receiving favors in exchange for the appointment and promotion of judges on the Judicial Appointments Committee in the affair known as "Sex and Appointments". At the same time, the gag order was partially lifted, and the investigation into Naveh's case became public.
Under these circumstances, at the same time, as part of the radio program "What's Burning" hosted by Barkai, a discussion was held that referred to the investigation being conducted in Naveh's case. Barkai explained as follows: "We understood that the gag order on some of the materials had been lifted. It was quite clear to us that we had to hurry up and go live in order to publish them" (Par. p. 261, paras. 18-19).
- The broadcast that took place on January 16,2019 was divided into two parts (P/1):
The first part began at 9:05 a.m., lasted about 20 minutes, and was a "promo" for its sequel. Barkai and Steif took part in this broadcast. During the broadcast, the two described in general terms that this was a shocking affair, most of which was subject to a gag order, in which three suspects were detained for questioning. Canetti explained that it was an "explosive" broadcast. According to her: