Causing image damage intended to influence negotiations or legal process is an unacceptable and compensatory action

The court oredred ILS 1 million in compensation for actions taken by a commercial company in order to harm the good reputation of a party for business negotiations in order to exert pressure on him during the campaign, without proving financial damage. Inter alia, by means of publications in the media, inquiries to the bank with which he and companies under his control have worked, appeals to business partners and even a plan to apply to the tax authorities, and moreover, these actions are intended, inter alia, to cause damage at the time of arbitration between the parties. The intention and lack of good faith, among other things, that when the arbitration process was concluded the company did not publish a prize And water are provided to the same entities and in the same manner in which they published the tendentious publications during the proceedings.
In a comprehensive and well-reasoned judgment (both legal and factual), the court rejected the defense arguments of "good faith" and "truth in publication" and held that "insofar as there is such a public relations campaign aimed at destroying another, . " The court added that this is a cynical and improper use of freedom of the press and freedom of expression and that increased compensation should be imposed to prevent this practice, which harms both those who have been victims of such a program and the public as a whole.
As for the damage, the court ruled that while it is difficult to prove in such circumstances the damage or causal connection between the acts and the damage, the causal link is learned by the fact that a deliberate action was done to cause damage in order to improve positions in the negotiations. The court also held that there is no basis for limiting the compensation for the non-pecuniary damage (that is, the undeniable damage) to the statutory compensation established by law, in light of the legislator's intention "and in light of the fact that the good name is included in the human dignity that has been elevated to the level of a constitutional right." Moreover, to the extent of the transaction under which the inappropriate pressures (in the same case, $ 12 million) were applied, imposes an effect on the amount of the increased damages to be awarded.