Israeli Court Orders Journalist, Radio Station to Pay Former Bar Head $165,000

The Central District Court in Lod has ordered journalist Hadas Steif and Galei Tzahal (IDF Radio) to pay former Israel Bar Association head Adv. Afi Nahav approximately NIS 600,000 (about $165,000) in compensation. The ruling stems from the hacking of Nahav's mobile phones and the subsequent use of the obtained materials.

Deputy President of the court, Judge Oren Schwartz, issued sharp criticism regarding Steif's role in acquiring the information. The court rejected the defense that she merely received information obtained by others, determining instead that she was actively involved in the process leading to the phone breaches. "The evidence shows that Steif was not a passive figure, but rather the initiator and facilitator who planned and advanced the hacking of the password-protected phones," the judge stated. The court found that Steif met with Hani Nahav, Afi Nahav's ex-wife, and deliberately recruited Yuli Rosenberg, "knowing he had the ability and willingness to carry out the hacking without asking questions." Steif also "consciously ratified the hacking by Yuli when she met with him at his home," according to the judge. The court concluded that Steif's actions demonstrated "active and conscious conduct within the criminal sphere," rather than good faith.

The court acknowledged that the obtained materials were used for journalistic purposes related to the case. However, Judge Schwartz dismissed the claim that Nahav's privacy was only marginally violated, calling the hacking and review of personal content a "clear and deep violation of privacy." The court distinguished Steif's conduct from that of other Galei Tzahal personnel who later accessed the materials. It was determined that Steif did not disclose the methods used to obtain the information and provided them with a version claiming the materials came from Hani Nahav.

Regarding Nurit Kanti, Ilail Shahar, and others at the station, the court adopted a different stance. The judge found that the information they received indicated potential improper influence on the Judicial Appointments Committee and a threat to the integrity of judicial appointments in Israel. "In this situation, the defendants had a paramount professional and moral obligation as journalists and professional media personnel to act to expose the actions," the ruling stated, emphasizing the media's role in a democracy to address serious threats to the rule of law.

Consequently, the actions of Ilail Shahar, Nurit Kanti, and then-Galei Tzahal commander Shimon Elkabetz were deemed protected under privacy laws. Razi Barkai was also cleared of privacy violation claims, as the court ruled that in his role as a current affairs host without command or management responsibilities, he was not obligated to verify the source of the journalistic information presented to him.

The court also imposed vicarious liability on the state, through Galei Tzahal, for Steif's actions, recognizing that her activities were part of her journalistic work and that the news value was central, despite the improper and potentially "criminal" methods employed. The ruling stressed that leaving investigative journalists without employer support, even when they err, could harm investigative journalism. While Nahav sought millions in damages, the court rejected his claim for financial loss but accepted that he suffered severe non-pecuniary damage and a "substantial and irreversible" blow to his privacy. The judge noted Nahav's own conduct was "deserving of condemnation and criticism," but stated this did not justify the severe privacy violation or negate the damage he sustained.