Promotion for 'Jenin Jenin' billed as a documentary

The Israeli Supreme Court discussed this past Wednesday the appeal filed by Muhammad Bakri, the creator of the controversial film "Jenin Jenin", following a defamation suit filed against him in a local district court. The court determined to uphold the lower court rulings but did not change the status of the film's distribution via the online 'YouTube' service owned by Google.

The documentary film by Palestinian director Muhammad Bakri released in 2002, was produced following the battle in Jenin conducted by Israel Defense Forces within the city's 'refugee camp' as part of Operation "Defensive Shield". The documentary delivers largely debunked stories of Palestinians regarding war crimes that were allegedly carried out by IDF soldiers during the many battles that took place in Jenin during the operation.

During the discussions of the High Court, it was determined that Bakri should be held responsible for the four screenings of the film between 2010-2012. Apart from that, in the opinion of the majority of the judges, Bakri should be held responsible for the publication of the film on YouTube, and the remedies awarded in the district court should be upheld, including a comprehensive injunction prohibiting the screening of the film in Israel.

After years of legal discussions and whirlwinds, the district court ruled about two years ago that the film was banned from distribution and screening in Israel in an unprecedented ruling in which it was stated that "there is no truth in the essence of the things published in the film and there is no good faith in their presentation." 

The film tells the narrative from one side and does not have comments from the Israeli side. Facts like the use of child soldiers in Palestine were obfuscated while the narrative of Israel killing children was prominent within a film billed as a documentary, and not fiction or even an editorial.

In the meantime, the courts ordered the confiscation of all copies of the film in Israel, and Bakri was even ordered to compensate a reservist IDF soldier, Nissim Magnaji, who participated in the fighting and was subject to false reporting by the documentary, with 15 thousand Shekels.

In addition, The justice presiding over the discussions, Judge Amit,  mentioned in his opinion that the scope of the ban on screening the film should be reduced, as long as the segment in which Magnaji appears is removed. 

Also, in view of his conclusion regarding Bakri's lack of responsibility for uploading the film to YouTube, Amit believed that the compensation rate should be adjusted and set at a hundred thousand Shekels. 

Finally, in the absence of an appeal from Magnaji's side of the verdict, the three judges upheld the statement that there is no reason to order the removal of the film from YouTube.

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