The decision on the question of whether defamation constitutes defamation will be made in accordance with the usual tests relating to the classification of publication as defamation, with the nature of the expression being a component of the totality of the circumstances that will be considered, while giving weight to the context in which the words were hurled and the identity of the listeners. Whether the words were said as part of clear defamatory remarks, the tone of speech, the voice and the context in which the words were said would be less inclined to classify as defamation words that were said with anger and anger or in an exchange of insults. (Uri Shenhar, Defamation Law (Second Edition, 2024) (hereinafter: "Shenhar"), pp. 242-244).
The test set forth in the law is a test of reasonableness, i.e., how the publication is received in the eyes of the hearer. We will learn about the meaning of the publication from its contents, according to the usual sense in which the reasonable hearer will interpret it. (Civil Appeal (District Court) 34633-10-16 Boris Judis v. Michael Barkan, (February 1,2017), paragraphs 9 and 11).
I do not believe that the defendant's statements that the plaintiff does not understand the legal reform are defamatory, and it seems that even if the statement is not true, it is an argument that does not fall under the definition of defamation. I am of the opinion that the defendant's statements that the plaintiff is shallow and stupid are blasphemy. I will add that the first part of the third statement repeats statements that were already included in the first two statements.
The case law did indeed determine that not every blasphemy, and not in all circumstances, will establish a cause of action by virtue of the Prohibition of Defamation Law. See, for example, the words of the Honorable Justice Rivlin in Civil Appeal 10520/03 Ben Gvir v. Amnon Nadkner (November 12,2006): "Curses and insults are, unfortunately, part of social life in the country, and therefore there is concern that sweeping judicial recognition of insults as 'defamation' will lead to the flooding of the courts with lawsuits for which this is the ground..." (paragraph 26 of his opinion).