Channel 14 host - Ynon Magal - contended during a live broadcast that Guy Pelege - a well-known journalist - did not serve in the IDF, or alternatively, was discharged after two days, whereas in fact, the journalist completed a full and lengthy mandatory and reserve military service.
The Court partially accepted the lawsuit and held that publishing a false factual statement regarding a person's military service constitutes defamation. The Israeli Defamation Law distinguishes between a "fact" and an "opinion", such that a false factual statement is not protected by the good faith defence. Furthermore, when statements are made during a live broadcast, without prior knowledge on the part of the broadcasting channel, the channel is exempt from liability. In this case, attributing draft evasion constitutes an offensive and false factual statement. The fact that the statements were made during a program defined by Channel 14 as an "opinion panel" does not transform this statement into a legitimate expression of opinion. Because the statements were made in a live broadcast without Channel 14 having prior knowledge thereof, Channel 14 is not liable for the publication.