Attacks, arrests, legislation restrict press freedom
Hon. Benjamin Netanyahu
Prime Minister of Israel
3 Kaplan St.
Via facsimile +972-2-5664838
Dear Prime Minister Netanyahu,
The Committee to Protect Journalists is alarmed by ongoing attacks on and the detention of journalists in the Occupied Palestinian Territories as well as by a recent series of developments that restrict freedom of the press in Israel. Physical attacks, arrests, and other restrictions are creating an environment that undermines the vitality of the media, a key component of Israel's democracy.
We have documented a list of physical attacks on journalists working in the Occupied Palestinian Territories and the continued imprisonment of five Palestinian journalists in Israeli administrative detention without charge. In the appendix to this letter, CPJ details attacks against Palestinian, Israeli, and foreign journalists since November 2011, which we ask your government to thoroughly investigate. In addition, we call on you to immediately release or charge all imprisoned journalists. In a December visit to your country, the United Nations Special Rapporteur for Freedom of Expression, Frank La Rue, cited Israel for several violations, including arbitrary arrests and overnight detentions of journalists.
Within Israel, CPJ is particularly concerned by the proposal of an amendment to the 1965 Defamation Act that would increase six-fold the financial liability for journalists in cases where the plaintiff does not prove that he or she has suffered harm. The bill, which passed the first of three required readings in the Knesset in November, would increase this amount from 50,000 shekels (US$12,987) to 300,000 shekels (US$77,936). The bill refers to "compensation," but since no damages need to be proven, this is clearly a fine.
The bill also requires the media to issue the plaintiff's full response to allegedly defamatory material, and - despite no proof of harm - if the complainant is not given an appropriate opportunity to respond, the court can order a fine of up to 1.5 million shekels (US$400,000). The bill would extend these fines to bloggers and users of social media.
Several Israeli journalists have expressed concern to CPJ that the passage of this amendment would discourage critical or investigative writing. We urge your government to withdraw the bill from further consideration.
We are also alarmed that the Israeli government appears to be selectively enforcing tax and other regulations for broadcasters. On December 12 your government rejected a request by television Channel 10 to postpone its outstanding debt payments for one year. Unless the broadcaster pays 60 million shekels (US$11 million) by the end of January, it will be shut down. It appears that private Channel 10, which is known for its investigative reporting and critical commentaries, is being unfairly singled out since another broadcaster, the public station Channel 1, was relieved of its debt of 150 million shekels (US$39 million) by a Knesset vote on December 27. Even though Channel 10 is only asking for a postponement of its debt, it was refused, while Channel 1 was relieved of its debt obligations.
CPJ is also disturbed that Israeli police forced a halt to Hebrew broadcasts by the Israeli-Palestinian Radio All for Peace since November, alleging that it was operating without a license. According to the station's executive director, Maysa Baransi, police summoned business manager Mossi Raz for questioning on November 17 and instructed him to shut down the station's FM Hebrew frequency. Baransi said the police threatened Raz with jail time if he didn't comply, and also threatened to raid the broadcaster's studios and confiscate its equipment. Baransi holds that this action is unwarranted since the station's transmissions are based in Ramallah and under the Palestinian Authority's remit. Since the station began operating in 2003, it has never had an issue with its license, she said. CPJ notes that All for Peace will have its first hearing on this case in the Supreme Court on January 19.
These developments come on the heels of an anti-boycott law passed in July, under which any media report deemed by authorities to be supportive of a campaign to pressure Israel via boycott is a civil offense punishable with excessive fines. As with the defamation amendment, the plaintiff need not prove to have suffered any harm in order to win financial damages.
We urge you to consider these issues as a matter of urgency. Israel's society has been enriched by a high level of public debate, and the actions taken by your government undermine this tradition. We look forward to your response.