The Magistrate’s Court in Tel Aviv today (Monday) accepted the request of the Legal Adviser to the Government, and issued an order to prevent threatening harassment against Rami (Rachaim) Ben Yehudawhich prohibits him from publishing by himself and through others any publication concerning the son of the Deputy State Attorney, Adv. Liat Ben-Ari.
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Also, the teacher Ben Yehuda was given an order to remove any publication from social media that refers to Ben-Ari’s son or attributes a family connection between her and the unknown suspect in the injury to Orli Lev.
Judge Malka Spinzi-Shneor wrote in her decision that “the test for the existence of threatening harassment is objective and not subjective. It is not enough that so-and-so feels threatened, but the court must be convinced that indeed the circumstances are such that it is likely that so-and-so will feel threatened or harassed. Moreover, when the court comes to rule Please, he must take care of a balance between the rights of the victim-harassed and the rights of the alleged harasser.”
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The judge also stated that “the use of the law to prevent disturbing publications can only be done in unusual and exceptional cases and can only be done where explicit use is made of a threat that causes a very real harm to the peace of life.”
As part of the decision, Judge Spinizi-Shneor rejected Ben Yehuda’s claims and stated that the content of the videos for which the request was made, the intonation and body language, and especially the time of their utterance, meet the definition of the term “threat” and that they should disturb the peace of life of Advocate Ben-Ari and Beni her family in a way that warrants a decree.
The judge even rejected his claim that the words were said as part of a political discourse to a small group and pointed out that it must always be remembered that even things said in a closed group should be said in a respectful and dignified manner and that it must be remembered that they can leak outside the group.