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On 31 July 2025, the Times of Israel published against our client, an international charity based in Australia. The Publication carried serious allegations that the Client was linked to terrorist activity, misused donor funds, and otherwise engaged in misconduct. Within 24 hours of publication, we issued a formal Concerns Notice under the Defamation Act 2005 (NSW) and had the damaging article removed.

This case study summarizes the factual background, legal basis, harms alleged, remedies sought, a risk assessment, and recommended next steps for responding to and resolving the dispute.

The Publication

On July 31, 2025, an article was published online. The piece was made available on the online platform of a major news outlet, The Times of Israel.

Core Allegations

Allegations asserted by the Publication:

  • The Client supports or is allied with a proscribed or violent organisation.
  • The Client finances terrorism or terrorists.
  • The Client is “terrorist-linked” or otherwise compromised.
  • The Client misappropriates donor funds.

Rebuttal and Supporting Context

The Notice and supporting material emphasise the Client’s humanitarian record and compliance posture:

  • Registered charity status with the national charity regulator and adherence to applicable law and reporting obligations.
  • Active humanitarian responses across multiple crises in 2024–2025, including emergency food, medical, shelter, and protection assistance, with quantified outputs (e.g. reach numbers and program counts cited in client materials).
  • Operational transparency and internal controls governing donor funds, project implementation and partner selection.
  • These facts are advanced to counter the Publication’s narrative and to demonstrate that the imputations lack substance.

Strategic Demands and Pathway to Resolution

The Concerns Notice sets out a clear roadmap for an amicable resolution:

  1. Immediate and permanent removal of the Publication from online locations the publisher controls or can reasonably cause to be removed.
  2. A public apology in agreed terms (the Notice proposes specific wording and a posting location).
  3. Timely engagement: an offer to make amends within 28 days of the Notice, failing which the Client may commence proceedings.

The Importance of Timely Action Against Defamation

Defamation disputes involving charities are rarely just about legal rights. They often strike at the heart of reputation, trust, and the ability to carry out humanitarian work. In this matter, the rapid response was as much about protecting a legal position as it was about safeguarding the integrity of an organisation whose operations depend on public confidence.

Birchgrove Legal is a boutique Sydney law firm at the cutting edge of innovative approaches to serving clients across its practice areas and industry sectors. Get in touch with one of our authors to discuss your needs further.

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