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The supreme court decided: We will not cancel the ban on the screening of "Jenin Jenin" in Israel - voila! news

2022-11-23T16:02:02.326Z


The supreme judges ruled that they did not accept the appeal of the film's director, Muhammad Bakri, and ruled that he was guilty of spreading defamation. The court also accused the director of personally spreading defamation against Lieutenant Colonel Bamil Nissim Magnaji, and of uploading the film to YouTube. "A false film that includes lies and fabrications about IDF soldiers."


On video: a discussion in the Supreme Court on the appeal against the ban on the screening of the film "Janin Janin" by Mohammad Bakri (photo: Roni Kanfo)

The Supreme Court announced today (Wednesday) a sweeping injunction prohibiting the screening of the film "Janin Janin", and stated that the film's director, Muhammad Bakri, is guilty of defamation.

This, at the end of Bakri's appeal to the lawsuit filed by Lt. Col. Nissim Magnaji. "A false film that includes lies and fabrications about IDF soldiers."



The Supreme Court judges unanimously ruled today that Bakri should be held responsible for the four screenings of the film, which took place between the years 2010-2012, and for the distribution of the film on YouTube.

The court also accused Bakri of spreading defamation against Magnaji personally.

Guilty of publishing defamation, Muhammad Bakri (Photo: Adrian Herbstein)

The film "Jenin Jenin" describes the reaction of Palestinian residents to the "Protective Wall" operation that took place in April 2022. In the operation, which began in response to a suicide attack on Seder night at the "Park" hotel in Netanya in which 30 Israelis were murdered, IDF forces entered the Palestinian camp Jenin and conducted fighting in the area, while warning the civilian population to leave the area. In the operation, 23 IDF soldiers and 52 Palestinians were killed, about half of them terrorists.



The documentary describes severe acts allegedly committed by IDF soldiers during the operation. Also, the film included photographs of Magnaji, along with photographs of an act of robbery allegedly carried out at gunpoint against one of the interviewees in the film. The Supreme Court claimed that it was " A false film that includes lies and fabrications about IDF soldiers."

In addition, the supreme judges determined that the combination of Magnaji's photographs with the escape scene was intended to link the plaintiff to the act, and that this is defamation against Magnaji personally,

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Riot in the Supreme Court in the lawsuit against the movie "Janin Janin" (Photo: Reuters)

First, the three judges discussed the issue of the statute of limitations on Magnaji's claim.

Judge David Mintz claimed that the film is used as a "continuous injustice", starting from 2002 until today.

This is because the film has not been removed from the "YouTube" site and remains in the public domain.

On the other hand, Judge Yitzhak Amit argued that only the four screenings of the film should be looked at, and that the statute of limitations should be counted since the screenings were performed.

But all the judges agreed that Magnaji's choice not to watch the film for several years could not follow the statute of limitations.



Regarding the uploading of the film to YouTube, it was determined by the majority of opinions that although there is no evidence linking Bakri to uploading the film to the site, he should be held responsible for the fact.

This is due to the lack of attempt on Bakri's part to download the film from the site.



Finally, the court ruled that the decisions of the District Magistrate's Court should be upheld, including a sweeping injunction prohibiting the screening of the film in Israel and compensation to Magnaji in the amount of NIS 175,000.

However, the judges did not order the removal of the film from YouTube.

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Source: walla

All news articles on 2022-11-23

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