Defamation Defence & SLAPP Claims · Legal briefing
Opinion & Good Faith in Defamation Defence
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
A strongly worded restaurant review is challenged as harmful to revenue. Does labelling it opinion settle the issue?
The legal position
Sections 15(4) and 15(6) protect opinion in defined circumstances, not every service review without qualification. Adding “in my view” does not convert a false factual allegation into protected opinion. Context, factual basis and the distinction between fact and evaluation matter, with good faith and reasonable scope assessed under section 16. Official source 1
Your next step
Separate what occurred from your assessment and maintain an accurate factual basis. Check the particular defence and avoid unsupported allegations of motive or crime. A single introductory phrase does not create immunity.