{"id":10885,"date":"2023-06-13T15:19:03","date_gmt":"2023-06-13T12:19:03","guid":{"rendered":"https:\/\/jppi.org.il\/?p=10885"},"modified":"2024-02-27T10:52:26","modified_gmt":"2024-02-27T08:52:26","slug":"%d7%93%d7%99%d7%91%d7%a8%d7%aa-%d7%a1%d7%a8%d7%94-%d7%91%d7%97%d7%a8%d7%93%d7%99%d7%9d-%d7%9c%d7%9b%d7%9c%d7%90","status":"publish","type":"post","link":"https:\/\/jppi.org.il\/en\/%d7%93%d7%99%d7%91%d7%a8%d7%aa-%d7%a1%d7%a8%d7%94-%d7%91%d7%97%d7%a8%d7%93%d7%99%d7%9d-%d7%9c%d7%9b%d7%9c%d7%90\/","title":{"rendered":"Freedom of speech at risk for haredi critics"},"content":{"rendered":"
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A possible result is that the criticism will become even more incendiary, rather than softened or silenced entirely.<\/h3>\n<\/div>\n

A bill that would expand Israel\u2019s anti-racism statutes to include incitement against the haredim (ultra-Orthodox) was approved last week by the Ministerial Committee for Legislation, and will likely become law. The proposed legislation is bad in every way. It is bad for freedom of speech. It is bad for the right to engage in substantive debate. It is bad for the ultra-Orthodox themselves.<\/p>\n

The culture of silencing, which has many unfortunate implications, including for protests against the government, will, if this goes ahead, be enshrined in legislation. And as experience shows, the result may prove far worse than acrimonious public debate.<\/p>\n

In recent years, and even more distinctly in the past few weeks, a barrage of criticism has been directed at haredi social and political conduct. Criticism of the ultra-Orthodox is nothing new, and the special status they enjoy with regard to the military draft and other issues has been met with harsh rebuke by the broader Israeli public.<\/p>\n

But it seems that the haredi community\u2019s demographic growth, along with the behavior of many of its members during the corona crisis, has sharpened the criticism. This intensified even further with the haredi support for the judicial overhaul initiative and the community\u2019s recent budgetary demands, amounting to billions of shekels which reinforce the community\u2019s insularity, rather than encouraging its integration into Israeli society.<\/p>\n

Given the circumstances, haredi distress is understandable. Many haredim feel that they are being judged harshly, giving way to hatred in some cases \u2013 a situation which they find uncomfortable, to say the least. Because of this, three United Torah Judaism Knesset members sponsored a bill that would include incitement against the haredi public in the Israeli penal code under \u201cincitement to racism.\u201d<\/p>\n

The bill\u2019s explanatory notes state that we are \u201cwitnessing a phenomenon\u2026 of racist incitement against the Haredi population. The incitement is (also) being perpetrated by public officials.\u201d In other words, say the leaders of the ultra-Orthodox sector, the admonishment against us is too brutal. Even public figures are denouncing us, for goodness\u2019 sake; so let\u2019s have the law stipulate that such tough criticism is a criminal offense.<\/p>\n

This is a particularly bad idea for several reasons. The offense of \u201cincitement to racism\u201d is too vague, and its enforcement policy is less than clear. Despite several Supreme Court rulings \u2013 including the ruling upholding the conviction of Rabbi Elba for incitement to racism based on his article, \u201cExamination of the Rules Concerning the Murder of non-Jews,\u201d \u2013 the scope of the offense and how it should be legally interpreted is too ambiguous. However, the fact that there are few examples of the attorney-general bringing charges for incitement diminishes the risk associated with the proposed legislation.<\/p>\n

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Anti-Government protest march in Bnei Brak. Photo by TPS<\/strong><\/figcaption><\/figure>\n

Nevertheless, the risk does still exist. Due to the anti-incitement statute\u2019s ambiguity, it is hard to anticipate when the line would be crossed between legitimate criticism and incitement against the haredi public. Thus, the very fact of defining criticism of haredim as a criminal offense could \u201ccriminalize\u201d Israeli public discourse.<\/p>\n

The proposed law is expected to start a race to the bottom, at the end of which criticism of any group could become \u201cincitement to racism.\u201d The crime of incitement to racism \u2013 already controversial in its current form \u2013 was enacted to prevent harm to groups that are by nature ethnic or religious minorities, often weak and subjected to speech that could result in grievous violence. Extending this to groups and sectors that are criticized for their conduct could prove dangerous.<\/p>\n

We live in a reality where every group in Israeli society feels that it is a minority. The secular feel this way, as do the National Religious, the settlers of Judea and Samaria, and other subgroups. If criticism of the ultra-Orthodox is determined to be a criminal offense, then why not criticism of the settlers, who have been repeatedly dosed with poison? And what about \u201cleftists\u201d who, according to certain leaders of the Israeli right, have \u201ctraitor\u201d as their middle name?<\/p>\n

This bill, whether enacted or shelved, is also bad for the ultra-Orthodox themselves. For a variety of reasons, some ideological and some utilitarian, the haredi leadership consistently adheres to a policy in which the State of Israel and its non-haredi citizens don\u2019t \u201ccount.\u201d In the face of this conduct, along with the political power at their disposal, the haredim have been met with opprobrium.<\/p>\n

With the proposal of this new legislation, it\u2019s hard to shake the feeling that the haredim want to do with Israel whatever they wish and, accordingly, silence criticism directed their way by wielding yet more political power. A possible, perhaps probable, result is that this criticism will become even more incendiary, rather than softened or silenced entirely.<\/p>\n

Today\u2019s Israel is a \u201cstate of all its minorities\u201d \u2013 divided into different groups and communities \u2013 and the tone that characterizes the current political and public discourse is more strident than ever. And yet, precisely because of these divisions, the silencing of criticism via criminal law would both undermine freedom of expression and threaten our ability to engage in debate \u2013 with raised voices but not with violence.<\/p>\n

I hope that public discourse here will become more substantive and much less saturated with mutual animosity. But the way to get there is not by criminalizing criticism.<\/p>\n

First published by\u00a0The Jerusalem Post<\/a>.<\/strong><\/p>\n

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