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Defamation suit dismissed

Eliasi ordered to pay Drucker NIS 25,000

Herzliya Magistrates' Court dismisses defamation suit filed by social-media activist against Channel 13 journalist over broadcast linking him to National Security Minister Ben-Gvir. 

Court Orders Yoav Eliasi to Pay Raviv Drucker NIS 25,000

The Herzliya Magistrate’s Court on Monday dismissed a defamation lawsuit filed by social media activist Yoav Eliasi, known as “The Shadow,” against journalist Raviv Drucker and Channel 13.

Judge David Yitzhak ruled that while the broadcast may have constituted defamation, the defendants were protected by defenses under the law. Eliasi, who had sought NIS 245,000 in damages, was ordered to pay the defendants NIS 25,000 in legal costs.

The suit stemmed from a monologue Drucker delivered on his program “Election Zone” on February 22, 2024, after Eliasi received a certificate of appreciation from the Israel Police. In the segment, Drucker addressed Eliasi’s ties to National Security Minister Itamar Ben-Gvir, calling him “Ben-Gvir’s external propaganda arm.”

Drucker also used the phrase “one hand washes the other” in reference to those ties and to Eliasi’s joining a civil guard unit in Tel Aviv.

In his lawsuit, Eliasi argued that the statements damaged his reputation, portrayed him as acting on a political mission and suggested he had received status and positions in exchange for supporting the minister. He said he acts out of ideological conviction, not as a politician’s propaganda tool.

Drucker and Channel 13 argued that the broadcast was legitimate criticism of police conduct and of the minister’s ties to political activists, and that the statements were protected.

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In his ruling, Yitzhak found that the statements could lower Eliasi in the eyes of the public, and that the possibility of defamation could not be dismissed simply because he is a public figure.

However, the judge concluded that the defendants had proven the factual basis for the broadcast.

The evidence included messages from a WhatsApp group whose members included Ben-Gvir, his wife Ayala, Bentzi Gopstein and other figures from the minister’s political circle.

In one exchange from February 2023, Ben-Gvir wrote: “Need to harness The Shadow for the campaign.” Gopstein replied: “Sent to The Shadow... sent it to The Shadow.” According to the ruling, about two hours later, Eliasi posted on Facebook in support of Ben-Gvir.

Under cross-examination, Eliasi confirmed that he and Ben-Gvir are close friends. He explained that spokespeople and political staff sometimes ask him to help publicize issues, but said he decides for himself whether to post, based on his own views.

The court ruled that the evidence proved, on the balance of probabilities required in civil cases, the claim that Eliasi acted as Ben-Gvir’s external propaganda arm.

As for “one hand washes the other,” the judge ruled that the phrase was an expression of opinion based on the facts presented. Drucker did not need to prove a direct link between the media help Eliasi gave the minister and his role and status in the civil guard unit, the judge said, since the phrase was presented as a critical conclusion, not as a factual claim of a quid pro quo.

The judge also rejected Eliasi’s argument that Drucker should have asked him for a response before the broadcast. Since the factual elements had been proven and the rest was opinion, the ruling said, the lack of prior contact did not undermine the good-faith defense.

The court also dismissed a separate claim of “injurious falsehood,” finding that Eliasi had not shown the financial damage required to prove it.

Yitzhak dismissed the lawsuit in its entirety and ordered Eliasi to pay the defendants NIS 25,000 in legal costs.

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