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Legal Victory

Court: MK Gottlieb Has Parliamentary Immunity

District Court rejects Yair Golan's appeal, determining that Knesset member's statements linking opposition leader to espionage case fall under legislative privilege

MK Tally Gotliv

Israel's District Court has rejected an appeal by Yair Golan, leader of the Democrats party, against Knesset member Tally Gotliv of Likud, ruling that she is protected by parliamentary immunity from his defamation lawsuit.

According to reporting by HaAyin HaShvi'it news site, the judges decided not to order Golan to pay legal costs due to her conduct during the proceedings.

Golan filed the lawsuit, seeking 500,000 shekels in damages, in early 2025 following statements she made both on the Knesset floor and in media interviews. She had publicly connected Golan's name to what became known as the "spy from the south" affair, calling for an investigation into whether he had any connection to Asaf Shmulevitz, the defendant in that case. Golan was never mentioned in the indictment against Shmulevitz, nor was there any allegation that information had been passed to him. Shmulevitz was ultimately acquitted on grounds of insanity, with the court determining he had not actually acted on behalf of hostile entities.

A magistrate's court initially dismissed the lawsuit outright, ruling that her statements were made in the course of fulfilling her duties as a member of Israel's parliament. Golan appealed that decision to the district level, arguing that disseminating false information should not be protected by immunity.

The District Court, however, upheld the lower court's dismissal.

Judge Avi Setayv ruled in his decision that although her publications contained elements of defamation and created a misleading impression regarding the strength of suspicion against Golan, parliamentary immunity extends even to excesses, exaggerations, and inaccuracies when they occur within the framework of a legitimate call for investigation. Judges Rami Haimovitz and Hana Kitzis joined the ruling, affirming that calling for an investigation falls within the scope of a Knesset member's official responsibilities.

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