Tel Aviv Court orders Esther Yochai to pay Shikma Bressler for defamation

Legal Findings on Defamatory Content

The court proceedings centered on posts shared by Yochai on social media and in a WhatsApp group. Among the findings, Judge Porer determined that Yochai’s claims—which suggested Bressler had prior knowledge of the October 7 massacre and failed to act—constituted defamation. The court rejected Yochai’s “truth in publication” defense, ruling that there was no evidence to support allegations that Bressler had “agreed” to or “helped” the Hamas attack.

These serious allegations have not been proven and no evidence has been presented to support them.

Tel Aviv Magistrate’s Court ruling

The court also addressed specific imagery used by Yochai, including a photo of Bressler in prison garb captioned “אשמה: בגידה במולדת”. While the judge noted that Yochai likely held a subjective, sincere belief in the claims she was spreading, he emphasized that such personal conviction does not substitute for factual evidence in a legal context.

Protected Speech and Public Debate

Not all statements brought to the court were deemed defamatory. Judge Porer ruled that certain expressions fell under the category of protected opinion within the context of public political discourse. The court found that labels such as “terrorist organization” used against the protest movement were viewed as metaphors by the reasonable reader. The judge also determined that some critical posts were protected because they were accompanied by a September 6, 2023, tweet from Bressler herself. In that tweet, Bressler warned that a government refusing to obey the High Court of Justice would find itself the next day “בלי צבא, בלי שב”כ ובלי מוסד”. The court accepted that referencing this public statement constituted legitimate criticism rather than a factual assertion of treason.”

Damages and Judicial Reasoning

Bressler had originally sought substantial damages, but the court awarded a significantly lower amount. Judge Porer decided to treat the series of posts as a single instance of defamation, citing their similarity and the short timeframe in which they were published. He also noted that there was no proof the posts reached a wide audience or that Yochai acted with a specific, malicious intent to harm Bressler. Consequently, the court declined to award “double damages,” settling on the 40,953-shekel figure.

Related Litigation Involving Bressler

This ruling follows a separate legal dispute involving Bressler. According to reports from Maariv, Avner Netanyahu, the son of the Prime Minister, recently filed a defamation lawsuit involving a significant sum against Bressler and Amir Sperling. That complaint alleges that Bressler and Sperling made false claims regarding Avner Netanyahu’s military reserve service. The legal status of that ongoing case remains separate from the judgment rendered in the matter against Yochai.