In The Name Of Publicity
- Ach Shirley שירלי אך
- 22 sept. 2022
- 2 min de lecture
Dernière mise à jour : 8 janv. 2023
Publicity of court proceedings is a fundamental principle of the Israeli legal system.
One of the basic constitutional rights in a democratic system,
"The public's right to know"...
This is one of the main guarantees for the integrity of the judicial process.
the question is :
"In the name of public discussion" is it fair to hurt and humiliate?
and disclose full details of judgments and related legal documents.
"Under the protection of the law".
and cause "the mark of Cain" on the forehead.
without sin and without crime.
Just based on bad decision and humiliation.
and mislead the public with this incorrect and unfair approach.
And actually paints a different and even false picture compared to the truth!
What is the public's right to know?
If in fact in various decisions there is a deception of the public so that it does not know the real truth.
Does this fundamental principle constitute a right or does it cancel any fundamental protection of the person?
We know that the principle and interest of public hearings exist in small claims proceedings.
Is it possible to change the public debate and mislead and hurt for reasons : religion, race, gender and especially political and other issues that can influence the decision, or any other influence may also affect the decision of the case.?
After all, it is clear that in the name of publishing the discussion, even if a person has not committed a crime, it is possible and even permissible to harm his name in the name of "Publicity the discussion". The public has a right to know.
So the question is where is the limit?
Basic lines of human rights..!
Defamation Prohibition Law.
But why is the question of publication of the discussion preferable to the question of defamation?
Can a judge, based on a brief hearing in small claims court, determine a person's character and determine their fate in the name of the law?
The essential question that arises, what is essential?
Human rights or different legal arguments?
© Article By Shirley Ach

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