News 12’s Defamation Case Ends Without Damages or Ruling

Photo: Channel 12, fair use. News 12 did not expect this: the collapse of News 12 in court, C14 desk, 6 minutes ago.

News 12 sued for 3 million shekels, claiming defamation, but the proceedings ended without compensation, without an apology, and without a legal ruling on whether the nickname “Al-Jazeera 12” is prohibited or permitted. The defendant undertook to stop using the term, but has already said he will replace it with other nicknames.

The defamation lawsuit filed by Channel 12’s news company against Eli Tzipori for 3 million shekels ended in a mediation agreement that was given the force of a court judgment. Under the agreement, the defendant undertook to stop using the nickname “Al-Jazeera 12,” but was not ordered to pay any compensation, was not required to publish a public apology, and was not ordered to remove all of his previous publications.

The mediation agreement shows that the case ended without a judicial decision on the central issue at the heart of the dispute, whether calling News 12 “Al-Jazeera 12” constitutes defamation or is a permissible expression within public criticism. Accordingly, the agreement does not determine that use of the nickname is legally prohibited, but it also does not determine that it is permitted. At the same time, the defendant himself undertook not to use it in the future.

At News 12, the outcome of the proceedings was presented as an achievement, in part because of the defendant’s commitment to refrain from continuing to use the nickname. However, in practice, no judicial ruling was reached on the principled issue for which the lawsuit was filed, and no damages were awarded to the company from the original claim amount of 3 million shekels.

Shortly after the proceedings ended, the defendant wrote to his followers that he intended to continue criticizing the news company, and that from now on he would call it “Poison 12” or “Poison Studios” instead of “Al-Jazeera 12.” It should be noted that the fact that the case ended through mediation does not allow one to know how the court would have ruled had the case gone to a decision. It is certainly possible that News 12’s decision to go to mediation stemmed from the understanding that continuing the lawsuit could have produced a ruling allowing the channel to be called “Al-Jazeera 12” without risking a defamation suit.

News 12’s response: “Eli Tzipori undertook to stop using the expression, and that commitment was given the force of a court judgment in court. If Mr. Tzipori does not honor his commitments, we will of course return to court for a ruling.”