Netanyahu's Defamation Suit Risks Backfiring, Exposing Him to Scrutiny
Translated & summarized from Makor Rishon by baba
The story in 5 lines · by baba
- Netanyahu sues over "blood libel" reports of withheld warnings before Oct. 7.
- Lawsuit could become de facto inquiry into PM's role in the attack.
- Legal precedents may protect journalists even if reports are proven false.
- The suit risks validating accusations if Netanyahu loses.
- Defamation suits are seen as less effective tools today.
Prime Minister Benjamin Netanyahu has filed a defamation lawsuit against media outlets over reports he terms "blood libel" accusations. The suit, filed by his lawyer Hor Uriel Nazri, centers on two specific claims. The first alleges that Netanyahu received a 45-minute call from UAE President Mohamed bin Zayed a week and a half before October 7th, warning of a Hamas offensive, but Netanyahu allegedly withheld this information from security officials. The second claim concerns a report that Egypt's Director of General Intelligence, Abbas Kamel, personally warned Netanyahu ten days before the Hamas attack about an "imminent, extraordinary operation" from Gaza.
While filing defamation suits is a legitimate tool for public figures against false reporting, the article argues this particular lawsuit could backfire significantly. Netanyahu's opponents are expected to leverage the trial to scrutinize his actions leading up to the October 7th attacks, potentially turning the legal proceeding into a de facto inquiry. Defense witnesses could testify extensively about Netanyahu's alleged responsibility for the security failures, forcing his legal team into a difficult position of either aggressively cross-examining them, risking further damage, or appearing to concede by remaining silent.
The article draws parallels to past defamation cases, like Ariel Sharon's suit against Uzi Benziman, which reportedly caused more harm than good. Furthermore, recent legal precedents, particularly stemming from the "Captain R." case involving journalist Ilana Dayan, have shifted the landscape of defamation law. Israeli courts now often grant journalists protection under the "responsible journalism" defense, even if a report is proven false, as long as they acted according to accepted journalistic standards and genuinely believed their reporting to be true.
This legal shift means that even if Netanyahu wins his case, the public may perceive the losing party as being in the right, regardless of the court's findings. The article suggests that the effectiveness of defamation suits as a tool for clearing one's name has diminished significantly due to lower win rates and insufficient damage awards to cover legal costs. The piece questions whether Netanyahu's advisors have fully explained these risks to him, implying the lawsuit might grant public validation to the very accusations he seeks to refute.
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