Therefore, in view of the principle set forth in the case law, and from the correct starting point for this stage of the hearing of the present claim, according to which all the facts detailed in the statement of claim are correct, I determine that the facts specified in the statement of claim are sufficient to establish a cause of action, prima facie, against the defendants under the Prohibition of Defamation Law.
Substantive Authority
We have already noted that the Applicant's argument is that the court here lacks substantive jurisdiction to hear the claim and that in light of the nature of the Respondent's arguments, the exclusive authority was granted under the Sports Law to the Arbitration Institution of the Football Association.
On the other hand, the Respondent argues that the provisions of the Sports Law do not apply to the present case, inter alia, because the Respondent does not fall within the definition of "functionary" and there is nothing between the cause of action and sports activity and nothing - two conditions necessary for the purpose of applying the provisions of the Law to the matterof N. V.
The first question that requires a decision in our case is whether or not the dispute in question falls within the scope of the Sports Law, which instructs the sports associations to establish internal judicial institutions to discuss disputes on matters related to sports within the framework of the Football Association.
Section 10 of the Sports Law, which deals with the regulations, states, inter alia:
“)a) The association or association shall enact bylaws regulating the proper management of the sport or sports that it is a center, including regulations regarding discipline, internal judgment, transfer of athletes subject to section 11a, salaries and payments to athletes, coaches and other officials.
(b) ...
(c) The aforesaid bylaws shall be binding on the sports associations, athletes and officials in that branch or in those sports branches."
Section 11 of the "Sports Law", which deals with internal judicial institutions, states that: