Former Supreme Court Chief Justice Warns of Threats to Israeli Democracy
Former Supreme Court Chief Justice Esther Hayut has issued a stark warning, describing a "red flag signaling regime change and the crushing of liberal Israeli democracy." Speaking at the launch of journalist Moshe Gurali's book, "On the Brink: Coup, Protest, Trial," Hayut echoed the sentiment of retired Justice Yitzhak Zamir, who stated that "free press can serve as a litmus test for democracy." Hayut added that in recent years, this litmus test has been dipped in "very, very acidic material," raising the red flag.
Hayut highlighted the Supreme Court's historical role in providing broad protection for press freedom since Israel's inception, thereby contributing to the defense of democracy. She also criticized the offense of sub judice, which prohibits publications that could influence ongoing legal proceedings, suggesting it should be entirely removed from the law books. She noted that creating conditions where journalists feel compelled to remain silent is a significant danger, leading to a "chilling effect" that erodes democratic discourse.
This chilling effect, Hayut explained, can manifest through various means, including civil lawsuits imposing financial deterrence, media regulations impacting professional independence (citing the Communications Law), budgetary dependence of broadcasting bodies, and public discourse undermining journalists' legitimacy. She warned that as protection for factual journalistic publications diminishes, the risks associated with them increase, potentially causing media outlets to invest in other areas rather than engage in investigative journalism.
Despite these concerns, Hayut expressed a limited degree of optimism, contingent on the judiciary's continued ability to operate as an independent and impartial branch. She emphasized that journalism, alongside academia, civil society, courts, protesters, social media, the Knesset, and public service, collectively forms the space for democratic discourse. A blow to any one of these components can impact the others, she cautioned. For instance, if journalists fear lawsuits or violence, the public receives less information. Similarly, if protesters face disproportionate enforcement or illegal measures, street protests diminish. When media outlets fear regulatory sanctions, their decision-making may change. If public servants fear reporting corruption, the public remains unaware, weakening its ability to oversee the government and thus, democracy itself.
