According to him, the Respondent did not bother to bring the Applicant's words, which, according to him, constitute defamation as written and worded, and did not attach a transcript and/or evidence to show that there was indeed a publication under Section 2 of the Prohibition of Defamation Law.
It was further argued that the respondent treated the applicants as a single entity without making a distinction between each applicant and the act attributed to him, which, according to the claim, constituted defamation.
In doing so, the respondent prevented the applicant from defending himself against the claims in the lawsuit, since the publications were not quoted as they were, and it is not at all clear what their source is and to whom they are attributed.
Lack of substantive jurisdiction - The Applicant argues that the claim should be dismissed due to lack of substantive jurisdiction, since the substantive authority to hear the claim in question, taking into account the Respondent's claims in the statement of claim, was granted under the Sports Law, 5748-1988 (hereinafter: the "Sports Law") to the Arbitration Institution of the Football Association.
It was argued in the application that section 10 of the Sports Law instructs the sports associations to establish internal judicial institutions that will discuss disputes of a civil nature between members who are subordinate to the association. Section 11 continues to establish an arbitration obligation before the internal judicial institutions in certain disputes defined in Section 2 of the Arbitration Institution Regulations of the Israel Sports Association (hereinafter: "the Arbitration Institution Regulations").
In section 2 g. (1) The Arbitration Institute's bylaws stipulate that the arbitration institution is authorized to hear any dispute and/or dispute between teams and/or between players and/or between coaches and/or between those who fill their positions, between themselves and/or any of the above subscribers - and another, subject to the provisions of subsection (2) of the Law.