In a decision issued as part of a libel lawsuit filed by Prime Minister Binyamin Netanyahu, Judge Menachem Mizrachi ordered the prime minister on Thursday to submit his full medical record in a sealed envelope for the court’s confidential review.

The decision was made at the request of the defendants in the libel case, journalists Uri Misgav and protest activist Gonen Ben Yitzchak.

Netanyahu filed the lawsuit in June 2024 following Ben-Yitzchak’s public claim that the prime minister was suffering from pancreatic cancer and was unfit to fulfill his duties. Misgav, who in the past was ordered to compensate Minister Amichai Chikli following a false report regarding his military service, added to  Ben-Yitzchak’s report with more general claims that Netanyahu’s health renders him unfit for his position. Netanyahu strongly denied the reports, calling them “malicious and absolute lies.”

About two weeks ago, the Prime Minister’s Office published a medical report according to which on December 29, 2024, Netanyahu underwent a medical procedure during which “an incidental finding of prostate cancer at a very early stage” was discovered. According to the report, the finding was treated successfully and does not require additional treatment beyond monitoring.

Following this revelation, the defendants argued that they now have grounds for a “truth” defense and demanded the submission of Netanyahu’s medical record and a summons to Netanyahu’s doctors for testimony. The judge denied the latter request for the time being.

At the heart of the decision is a conflict between the prime minister’s right to medical privacy and the defendants’ attempts to prove that their reports were not baseless.

Judge Mizrahi detailed in his ruling how the recent disclosures affect the case.

“Now, after it became known that the plaintiff suffered from a malignant illness different from the one that was published, and that it was discovered at a certain date, the arena of dispute has changed and expanded… The date on which the plaintiff became aware of his illness — even the one now revealed, even in its early stage — has become a critical fact in clarifying the dispute,” the ruling stated.

“First, a less harmful clarifying route must be taken before a final decision on the request is made. For this purpose, and for this purpose only, the plaintiff shall provide the court… with his most updated medical file, including all examinations and medical consultations conducted in his case of every type and kind.”

Alongside the demand to receive the medical file, the defendants submitted a request to summon for testimony the head of the oncology department at Hadassah, Professor Aharon Popovtzer, and Dr. Tzvi Herman Berkowitz, Netanyahu’s personal physician.

At this stage, Judge Mizrahi decided not to summon them immediately in order to avoid unnecessary harm to privacy, but left the possibility open.

“At the stage of presenting evidence, after the testimony of the plaintiff, the court will deliver a supplementary decision regarding the request to summon the two doctors,” the judge ruled.

(YWN Israel Desk—Jerusalem)