Attorney Itamar Ben-Gvir, candidate of the Union of Right-Wing Parties, won another legal victoryThe Jerusalem District Court ruled that "the use of a Nazi epithet to harm a person's image is one of the most severe forms of condemnation. The intensity of the humiliation and contempt that accompany this image is profound and it is unlike any other condemnation.".
This court ruling comes with the rejection of the appeal of journalist Yigal Sarna, who was ordered to pay the Hebron Central Committee, Ashi Horowitz, who will be represented by attorney Ben Gvir, 25,000 NIS, after he called Horowitz a variety of derogatory epithets - including 'Nazi'.
In January 2015, Serena posted a post on his Facebook page. The image featured Ashi Horowitz taking a picture of a dead body, while he was also allegedly smiling. Serena, who was recently ordered to pay compensation to the prime minister, wrote about Horowitz as a kind of Cossack pogromchik and later added the nickname "between scum and a Nazi.".
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In his publications, Sarna did not mention that the body was that of a terrorist who stabbed soldiers and went on to murder Jews in the city of Hebron.
As part of a lawsuit filed by Horowitz, through attorney Itamar Ben Gvir, it was claimed that Serena slandered Horowitz, and that the nickname 'Nazi' is reserved for the worst of enemies, and not for someone who takes pictures and even smiles in front of the body of a terrorist who came to murder Jews and was thwarted.
The Jerusalem Magistrate's Court accepted the lawsuit, and ruled that Serena would pay 25,000 NIS to Horowitz.
Serena appealed to the District Court, through attorney Avigdor Feldman, and a hearing on the case was held last week. During the hearing, Horowitz argued that the amount of compensation should be increased.
Last night, the district court rejected the appeal.
Judges Arnon Darel, Anat Singer and Alexander Ron ruled: "It should have been explicitly stated that this was a photograph taken in Hebron, after an attempted terrorist attack during which the attacker was shot. We share the position that it was appropriate to clarify that the body in the photo is the body of someone who attempted to carry out an attack nearby.".
The judges attacked Serena for using a Nazi expression and stated: "This concept has not lost, even in street language, the harsh associative connotation that accompanied it in its historical context.".
The court ordered Serena to pay compensation to Horowitz.
The judges did not find it appropriate to increase the amount, but also ruled that it should not be reduced.
Attorney Ben Gvir: "The message of the District Court is that one should be careful about using the Nazi epithet. Especially in the days when the extreme left repeatedly brings up this epithet, they should be reminded that they are not only harming the memory of six million Jews who were burned and slaughtered, but are also exposed to a civil lawsuit that we will file against each of them.".
""Make no mistake, anyone who uses a Nazi expression, even if he is a politician, has no immunity, and it is not far-fetched that Rabbi Benny Lau, Shelly Yachimovitz, Galon, Zenberg and Co. will find themselves on the defendant's bench in court. They are allowed to criticize, but they do not have permission to cross red lines and slander lovers of the Land of Israel.".
