Yisrael Medad/Eli Pollak..
Media Comment/JPost..
06 June '12..
Faced with the evidence, the attorney-general made the decision to charge the journalist with criminal action. He had been found to be in possession of stolen government documents. That is a felony, and, if convicted, he could be sent to jail. The formal charge in court was that the investigative reporter did “unlawfully receive, conceal and retain... government documents... and records, with intent to convert the said property to his own use or gain,” knowing the documents had been stolen.
Uri Blau, Israel, 2012? No, Les Whitten, 1973. And there were other cases, such as Thomas Drake, 2010, or James Risen, 2011. The United States government decided to prosecute all three for willful retention of national defense information or other security-related documents.
The first instance, of course, is not fully comparable. Whitten never went to court, his arrest was a result of a vengeful president and the documents were not security- or military- related. Another important element is that the US Constitution was amended to include a prohibition to abridge the freedom of the press.
Israel has no constitution.
Nevertheless, both cases are linked to the passionate debate over whether, how and to what extent journalistic privilege should be protected versus the issue of journalistic liability for violating the law. In this connection, the name Julian Assange could also be mentioned, or even Winston Churchill’s Regulation 2d during World War II, which severely limited the press.
The dilemma, which we also face in Israel, is: Should a journalist who acts in concert with a source who has stolen classified government documents, or who solicited the source to misappropriate classified documents, be immune from criminal prosecution? A secondary aspect of this debate in Israel is that the parameters of the debate and how it is being debated is being directed here mainly by other journalists, who understandably have quite a vested interest in the case.
Now What?
1 year ago












