Justice Dalia Droner
Photo: Doron Golan
Israeli Press Council protests new journalism legislation
Press Council to file revisions to interior minister's journalism bill, rebut section allowing shutdown of newspapers by courts. 'Bill may hand fatal blow to freedom of the press in Israel,' says council
The Israeli Press Council, headed by former Justice Dalia Dorner, announced Sunday it would be filing a formal rebuttal to Interior Minister Meir Sheetrit's new journalism bill.
The council's objections are mainly directed at section 7 of the bill, which would allow district courts to either halt or completely stall a newspaper's publication, should it prove to have compromised Israel’s security or national welfare.
The duration and restrictions put on newspapers cited under the bill would be at the court’s discretion alone, as the publishers would have no right to appeal the court’s decision.
In the absence of a constitutionally defined freedom of speech act in Israel, the right and its observance derives from one legislative act defining the guidelines under which the State can shut down newspapers.
Such drastic measures, states the act, can only be made by the government should it find proof that "Israel's security or welfare have been compromised." Should the government choose to invoke its right, the decision would still need the High Court's approval before taking effect.
'A fatal blow to freedom of the press'
The council claims that the bill could potentially hand a fatal blow to freedom of the press in Israel: "The current situation is far preferable to this bill… nowadays, if the minister of interior wants to shut down a newspaper, he at least must turn to the High Court first.
"The new bill makes it far simpler for the minister to either shut down or stall publication of a variety of newspapers," said the council, adding that both "Israel’s security" and "national welfare" are ambiguous terms, subject to the discretion of the governing authorities.
The Press Council, which is comprised of representatives of both the print and broadcast media, further decided to submit several amendments to the bill, to the Justice Ministry.
Should the ministry fail to accept these amendments, they would then be brought before the Knesset's Constitution, Law and Justice Committee.
The Israeli press is currently, and still, subject to British mandate regulations dating back to 1933, as well as to the State emergency regulations of 1945.
In 1996, the Justice and Interior Ministries appointed the Tzadok commission to review the legal provisions made in regards to the Israeli press and "adapt them to the social, legal and economical progress made since Israel's inception, while observing similar provisions made by other democracies."
Contrary to Minister Sheetrit’s bill, the Tzadok Commission recommended eliminating the government's authority to shut down newspapers, in order to ensure the governing authorities, who must balance freedom of the press with other concerns, do not abuse this power.
"The Executive Authority should not posses the power to shut down a newspaper, either temporarily or permanently," said the Tzadok Commission, which further recommended the courts' authority on the matter also be reduces.
