The Future of SLAPP in Israel – Substance and Procedure

The growing phenomenon of SLAPP—Strategic Lawsuits Against Public Participation—in Israel is worrisome. It endangers free society and stifles the public from freely expressing views and taking an active part in social and political life. This phenomenon has tremendously increased in the era of social media, in which each person becomes a “publisher” that creates public content.

In our paper we suggest anti-SLAPP measures through Israel’s 2021 civil procedure law reform. We argue that the new Civil Procedure Code created a new balance, that is tilted toward efficient, fast, and fair administration of civil lawsuits. This affects SLAPP lawsuits, which according to the new Civil Procedure Code gives preference to free speech over the Plaintiff’s right for full inquiry of the lawsuit, through classification of SLAPP as an abuse of the legal process and dismiss it in-limine.