Israeli Court Upholds Free Speech, Rejects Defamation Suit Against Former State Attorney

The Central-Lod District Court in Israel dismissed journalist Eli Tsipori's appeal against the rejection of his defamation lawsuit filed against former Deputy State Attorney Yehuda Shafir. The court upheld the lower court's ruling that Shafir's comments were expressions of opinion protected under good faith and free speech in public discourse. Tsipori was ordered to pay Shafir 30,000 shekels in legal costs.

The lawsuit stemmed from Shafir's 2022 social media post sharing an article by journalist Gidi Weitz in Haaretz, which criticized Tsipori's conduct during Prime Minister Benjamin Netanyahu's trial. Shafir described the atmosphere as one of "terror and verbal violence" directed at prosecutors and journalists and referred to a "troop of tweeters" attacking those allegedly obstructing false information dissemination. Tsipori sued Shafir for 280,000 shekels, claiming defamation.

Judge Abbas Assi ruled that terms like "terror atmosphere" and "verbal violence" were metaphorical and opinion-based, not factual accusations of literal terrorism. The court emphasized that Tsipori, as a veteran journalist covering Netanyahu's trial, is a public figure, and Shafir's statements related to matters of public interest, thus protected by the good faith clause in the Defamation Law.

The court also addressed the issue of strategic lawsuits against public participation (SLAPP) but found no need to decide on it after confirming Shafir's good faith defense. The judgment referenced Supreme Court principles on SLAPP suits and abuse of legal processes. Ultimately, the appeal was denied, and Tsipori was ordered to cover Shafir's legal fees totaling 30,000 shekels.