The High Court of Justice today rejected Prime Minister Ariel Sharon’s appeal against Hebrew daily “Haaretz” and journalist Uzi Benziman with regard to the Lebanon war of 1982.
The court ruled that the article published in “Haaretz” was a bona fide expression of opinion. In 1991, Benziman wrote: “Menachem Begin knows full well that Sharon deceived him.” The comment referred to then Minister of Defense Ariel Sharon’s involvement in expanding the Lebanon war, and to the allegation that Sharon did not notify then Prime Minister Begin of the expanded scope of the war.
In July 1993, “Haaretz” again cited the above excerpt from Benziman’s article. This led to a defamation suit being filed with the Tel Aviv District Court on the grounds that the comment was a “malicious lie” that caused damage to Sharon.
The District Judge rejected the claim, and ruled that “Haaretz” and Benziman acted bona fide. He added that the article contained an assumption made in the course of a discussion of a press debate over a public-political issue, and should be considered an expression of opinion.
The judge further ruled that “Haaretz” took reasonable measures to verify the veracity of the report, and that Benziman proved that Begin and his government did not mandate Sharon to conduct a full-scale war in Lebanon, but only a limited operation.
High Court judge Eliahu Mazza, who wrote the verdict with the consent of judges Jacob Turkel and Eliezer Rivlin, ruled: “Historical truth, as far as such a thing exists, is for historians, and not for the courts decide.”
The Supreme Court of Justice therefore decided not to deal at all with the issue of historical truth, and focus on the issue of bona fide reporting. Mazza ruled that Benziman’s article should be considered an expression of opinion.
Mazza said that in cases involving public figures, the principle of freedom of expression should be given precedence over the injured party’s right to protect his good name.
Mazza wrote that Benziman filed an affidavit with the court stating his bona fide belief in the truth of the assumption implied by the article.
Although Sharon’s lawyers argued that the article was not bona fide, they did not ask to cross-examine Benziman about his affidavit. Apparently, such a failure was enough for the court to reject their appeal and uphold Benziman’s assertion that he acted in good faith.
The court ruled that Sharon should pay the NIS 15,000 court expenses.
Published by Israel's Business Arena on 18 February, 2002