An administrator of a public protest group on Facebook regarding access to the Ha’Assi Stream was sued for a colossal compensation by Kibbutz Nir David as part of a defamation lawsuit, which primarily focused on things published by others in the group managed by him.
The Court dismissed the motion for dismissal in limine, due to the lack of sufficient evidence. A SLAPP (Strategic Lawsuit Against Public Participation) is a claim which is filed in order to use the legal process itself (regardless of its outcome) as a mean to establish deterrent against public criticism, and therefor constitutes an abuse of legal proceedings and can be dismissed in limine even if there is a cause of action. When there are indications that it is a SLAPP but also difficulty reaching a final conclusion on the matter at the beginning of the procedure, the plaintiff shall be warned that if it turns out that it is a SLAPP, hefty expenses will be levied upon him at an amount proportional to the amount claimed and he will be allowed to discontinue the procedure. Here, this is a case in which it cannot be determined that it is a SLAPP without completing the factual inquiries. Hence, the motion for dismissal in limine was dismissed, with the plaintiffs being warned that if the Court find the claim to be a SLAPP, they would be required to pay high costs, and they were given the opportunity to amend the amount of the claim.