And back to our topic -
The application of the rules reviewed in detail above to the case before us leads to the conclusion that there is no reason to dismiss the claim in limine due to lack of cause and/or adversity, and I will elaborate.
As has already been stated above, the Applicant argues that the factual premise, as it emerges from the letter of claim, does not reveal a cause of action, since the Respondent did not bring the publications, as they were written and worded, and did not detail his arguments in a clear manner that would enable the Applicant to defend himself, nor did the Respondent bother to clarify to whom any claim is attributed regarding the publications, but rather referred to all the Applicants as a whole.
According to the case law, the respondent is not required, at this stage, to prove his factual version, and it is sufficient to show that the respondent raised in his claim a factual version which, if he succeeds in proving it, will be entitled to the requested relief.
A perusal of the statement of claim before me shows that the respondent raised factual arguments which, according to him, establish a cause of action for publication that constitutes defamation. The respondent claims that the defendants broadcast a program on the radio in which it was said that he was involved in skating the results of a soccer match, and that this caused him great damage and damaged his good name.
In order to determine that the facts described in the lawsuit create a cause of action, it must be shown that the factual set that arises from the statement of claim falls within the definitions set forth in the Prohibition of Defamation Law, and that a publication that constitutes defamation was indeed made, as claimed in the lawsuit.
After reviewing the statement of claim, I have come to the conclusion that the facts described in the statement of claim do indeed establish a prima facie cause of action concerning defamation.
Section 1 of the Prohibition of Defamation Law states that "defamation" is something whose publication is liable to degrade a person because of actions, behaviors, or qualities attributed to him. In the case before us, the publication attributed to the defendants, if proven, is liable to cause disgrace and damage to the respondent's good name due to the act attributed to him within the scope of the publication, which is to skew the results of a soccer match.