Judge: Tally Gotliv Has No Immunity in Defamation Suit Over Shin Bet Partner Exposure

The Lod District Court ruled Tuesday that Likud MK Tally Gotliv does not have immunity from a defamation lawsuit filed by activist Shikma Bressler over the disclosure of her partner’s identity as a Shin Bet officer. Judge Rami Haimovitch partly accepted Gotliv’s request to dismiss the case, saying her criticism of Bressler and her public activity is covered by parliamentary immunity, but the factual allegations about exposing the security officer’s identity must still be examined.

Haimovitch said Knesset members enjoy broad protection meant to safeguard democratic debate and avoid a chilling effect on speech, but that the immunity is not absolute. He added that Bressler is a public figure and that Gotliv may criticize her and discuss her role, including questions about the causes of Hamas’s October 7, 2023 attack and the need to investigate them, even in harsh language. The court emphasized that it judges the law, not the style of MKs’ remarks.

At the same time, the judge said this case presents a unique set of circumstances that prevents dismissing, at the preliminary stage, the parts of the suit dealing with factual claims. He wrote that “deliberate exposure of the identity of a security service member does not enjoy immunity,” and said the publication was not made in a neutral security context but because of Bressler’s connections and other remarks about her influence on the war and her meeting with the Mossad chief.

The court said its ruling concerns only the civil defamation case and the application of the anti-defamation law to MKs, not the criminal immunity issue now before the Knesset. Bressler’s lawyer, Idan Segar, welcomed the decision, calling it important for the rule of law. Gotliv, meanwhile, said on X that the court rejected most of Bressler’s suit and that it still needs factual clarification on some points, including her sources. The civil suit was filed in February 2024 for NIS 2.6 million, after Bressler alleged a series of false claims about her and her partner, including ties to Hamas, a meeting with the Mossad chief, an intercepted conversation with Yahya Sinwar, connections to intelligence figures tied to the October 7 massacre, fleeing Israel, and deleting social media posts. The ruling came one day after the Knesset House Committee backed immunity for Gotliv in the criminal case over publishing the Shin Bet officer’s name, with 11 MKs in favor and three opposed. The final Knesset vote is due Wednesday.