Case Number

LCA 6902/06

Date Decided

8-13-2008

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The applicant is a member of the ultra-Orthodox community. One day in January 2002, the applicant set up a stall to distribute religious books near Dizengoff Center in Tel Aviv. It turned out that the stall was situated next to a store in which hung an advertisement that was described by the Magistrates Court as -

… A giant poster, of large proportions, hanging in the window of the shop in front of which the claimant set up his stall, featuring a woman wearing tight little shorts, standing with her legs wide open, with the figure of a man between them, looking at her.

At some point, the applicant noticed that respondent 4, a professional press photographer, was trying to photograph him. In response to the applicant’s strong objections to being photographed, respondent 4 assured him that the pictures were being taken for his personal use only. This promise turned out to be short-lived and unfounded, for the picture was published on February 2, 2002 in respondent 4’s regular column in Haaretz newspaper, published by respondent 1. The applicant filed suit against Haaretz Newspaper Publishing Ltd. (respondent 1), against its editors (respondents 2 and 3) and against the photographer (respondent 4) claiming that the publication of the photograph violated his privacy and constitutes a defamatory publication against him.

Keywords

Constitutional Law -- Right to Privacy, Torts -- Defamation, Torts -- Fault

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