The Daily Telegraph has apologised to a Middle Eastern restaurant in Sydney for causing distress after sending a pro-Israel activist to the eatery as part of an operation internally dubbed "undercover Jew". The apology was published on page two of the News Corp paper as part of an agreed joint statement to resolve a settled legal dispute.
The joint statement was agreed between the Telegraph, the Newtown restaurant Cairo Takeaway, and the activist Ofir Birenbaum. Cairo Takeaway accepted that Birenbaum was polite when he entered the premises and bought a drink, and apologised unreservedly for false and defamatory statements made on its social media accounts. The Telegraph acknowledged that entering the restaurant without notice to see if Birenbaum would be treated differently caused distress to staff and the owner.
Hours after the agreed statement was published, Birenbaum posted an additional personal statement on Instagram claiming that "the truth wins" and that he was "completely vindicated". His lawyer, Rebekah Giles, called it an important win for Birenbaum and the Australian Jewish community.
Lawyers for Cairo Takeaway responded, accusing Birenbaum and his lawyer of making statements inconsistent with the joint agreement "in both word and spirit". The restaurant's legal team noted that the agreement specifically stated nothing inconsistent with it would be published.
The dispute began in February when Birenbaum visited Cairo Takeaway wearing a Star of David cap and necklace alongside Telegraph reporters. The operation made international headlines after it backfired. Birenbaum later launched defamation proceedings against the restaurant's owner and a staff member over social media posts, and the restaurant countersued for trespassing, alleging it was targeted because of its pro-Palestine stance.
The exact details of the settlement remain confidential except for the agreed joint statement. Cairo Takeaway has also apologised to Birenbaum directly, while the Telegraph issued its own unreserved apology in the published statement.
