A demand or claim does not establish liability
The first response to a defamation claim can shape the proceedings. We examine the complete publication, its context and audience, distinguishing factual allegations, opinion, legitimate criticism and republication. A substantial claim neither proves liability nor automatically establishes a strategic lawsuit against public participation.
We map service and response deadlines, the relief sought and personal or commercial exposure. Before removing material or responding publicly, we preserve original content, links, timestamps and correspondence to protect the integrity of the evidential record.
Statutory defences supported by evidence
Truth and public interest
Section 14 of Israel’s Defamation Prohibition Law requires both truth and public interest in publication. We examine the substantial meaning and assemble documents and witness evidence; sincere belief alone does not establish truth.
Good faith in the statutory circumstances
Sections 15 and 16 require a recognised circumstance and an assessment of good faith, including reasonable verification, audience and scope. Complaints to competent authorities, opinions and protection of legitimate interests depend on their specific conditions rather than blanket immunity.
Permitted publications and preliminary objections
We also examine section 13, the elements of the cause of action and the correct defendant. Every defence is tailored to the publication and legal framework rather than a standard list of assertions.
From urgent injunctions to cross-examination
On applications for prohibitory injunctions, content removal or mandatory orders, we assess urgency, the balance of convenience, the prima facie case and proportionality. We respond within the applicable timetable, seek appropriate modifications or stays where justified, and preserve the defence without amplifying disputed material.
Where a claim shows SLAPP characteristics, we examine power imbalances, public interest, the amount claimed and procedural conduct. Applications for early dismissal or costs require a focused factual and legal foundation; they do not replace a defence or guarantee early resolution.
Representation covers defence pleadings, disclosure, witness statements and cross-examination directed at context, credibility and alleged harm. Settlement or a carefully considered correction is assessed alongside litigation where it serves the client’s interests.
Digital publications and proportionate exposure
An original post, a Facebook share, a like and a forwarded WhatsApp message are not legally identical acts. We identify the publisher, recipients and contribution to dissemination. Group-administrator status alone does not establish automatic responsibility for every member’s message.
Alongside substantive defences, we examine reach, evidence of harm and the mitigating factors under section 19, including source attribution on republication, belief in truth and corrective or distribution-limiting steps. A statutory ceiling is not a guaranteed award, and deletion does not necessarily extinguish liability already incurred.
The route forward
Initial assessment
Map the claim, publication, service date and response deadlines.
Strategy development
Match statutory defences with evidence and assess preliminary applications and urgent injunction responses.
Representation & action
Conduct the defence, cross-examination and negotiations while assessing exposure and costs.
Defamation Defense & Defendant Representation
Articles & Insights
Practical questions, considerations and a wider perspective
Frequently asked questions
I received a libel claim — what should I do first?
Record the service date and preserve the claim, complete publication and correspondence. Obtain advice on deadlines and defences before responding; a dismissal application does not itself suspend the defence deadline.
Are truth or good faith sufficient to establish a defence?
Truth under section 14 also requires public interest. Good faith under section 15 requires a recognised circumstance and is assessed under section 16. Support each route with evidence rather than relying on sincere belief or the words “in my opinion”.
Can a SLAPP claim be dismissed at an early stage?
An application based on abuse of process or another preliminary ground may be considered. The outcome depends on the circumstances and any need for factual examination; a substantial claim or public criticism does not guarantee dismissal.
Does removing a share or message prevent a damages award?
Removal does not necessarily extinguish liability already incurred, but may limit distribution and support mitigation under section 19. Preserve evidence before making changes and assess defences separately from damages.
Which documents and evidence should I collect before the consultation?
- Original publication with its address, time and audience information
- Screenshots or screen recordings before the content changes
- Correspondence with the publisher or platform
- Removal requests and records of actual harm