Pro-Israel activist Ofir Birenbaum sues Cairo Takeaway for defamation over Daily Telegraph stunt

A pro-Israel activist who alongside The Daily Telegraph took part in an alleged media sting at a Middle Eastern restaurant, is now suing the business for defamation.

Ofir Birenbaum has brought a defamation claim against the restaurant, its owner and a staff member after the story made national headlines, with lawyers for the Sydney venue vowing to defend the matter in court.

While the details of the legal claim remain unclear, Birenbaum filed the application with the Federal Court on Tuesday, naming the company trading as Cairo Takeaway, owner Hesham El Masry and staff member Talaat Yehia as respondents.

In February, Birenbaum entered the busy Newtown cafe known for its public support of Palestine wearing a Star of David cap.

Law firm Giles George – representing Birenbaum – subsequently demanded social media posts allegedly made by the restaurant’s owner and chef be deleted and that the cafe should make an unequivocal apology and issue a public retraction of their claims, with the threat of defamation if they failed to take these steps.

Stewart O’Connell of O’Brien Criminal and Civil Lawyers, acting for the respondents, said his clients made extensive and genuine efforts to peacefully settle the matter outside court. All matters complained about were removed from social media, he added.

“Now it is going to court, we have instructions to staunchly defend this claim, and Mr Birenbaum is going to have a real fight on his hands,” he told this masthead.

Giles George declined to comment.

Following the confrontation in the cafe, the Telegraph crew and Birenbaum were filmed as they attempted to leave the scene on Enmore Road, the person behind the camera calling it “divisive journalism”.