"Truth in publication": The court dismissed the defamation lawsuit of MK Rothman against Guy Peleg

The Jerusalem Magistrate's Court has dismissed the defamation lawsuit filed by MK Simcha Rothman against journalist Guy Peleg, Channel 12 News CEO Avi Weiss, Channel 12 and Keshet companies, as well as several media figures and public figures who shared the publication on social networks.

Rothman sought compensation of more than one million shekels, claiming that he was attributed with the statement that "the blood of the brothers Hillel and Yagel Yaniv, who were murdered in Huwara, is redder than the blood of those murdered on October 7" — a statement he claims was never made.

In the verdict, the Deputy President of the Jerusalem Magistrate's Court, Judge Oren Silverman, determined that although the publication constitutes defamation due to the severity of the statement attributed to Rothman, the defendants proved the "truth in publication" defense.

The judge determined that after examining the totality of the evidence and testimonies, the defendants succeeded in proving that the words were indeed spoken during the closed discussion and that there was a clear public interest in their publication.

Among other things, the court relied on the testimonies of three jurists from the Ministry of Justice who were present at the discussion. They testified that Rothman did indeed say the words, even if he did not intend the meaning attributed to them, and that immediately afterward he clarified his intention and retracted the phrasing. The judge determined that their testimonies were consistent, credible, and based on personal memory, and therefore preferred them over the plaintiff's version.

The verdict further states that the transcript upon which Guy Peleg relied in the publication strengthened the defense's version and that it matched the testimonies of the participants in the discussion and the circumstances of the event.

In addition, the court noted that the testimony of the legal advisor to the Constitution, Law and Justice Committee, Adv. Gur Blay, failed to undermine the defense's conclusions, partly because he testified that he does not independently remember what was said in the meeting and that his memory was based on a later recording.

The judge also criticized Rothman's procedural conduct. According to him, the plaintiff did not present at the beginning of the proceedings the recording he sought to rely on later, did not summon additional witnesses who he claimed could support his version, and even chose not to call his spokesperson, who had conveyed his initial response to the article. It was determined that this conduct works against him and strengthens the court's conclusion.

The court determined that this was a publication dealing with a statement by an elected official in the course of his public duties, on a subject at the heart of public interest, and therefore the requirement of public interest underlying the "truth in publication" defense is also met. Accordingly, the lawsuit against Guy Peleg, Channel 12, and the other defendants was dismissed.