Court Ruling on Hadas Steif's Phone Hacking Case Reignites Criminal Probe Questions

A recent district court ruling has determined that journalist Hadas Steif was a "generating and mediating factor" who initiated and advanced the hacking of former Israel Bar Association Chairman Efi Naveh's phones, labeling her actions as having "criminal undertones." This ruling comes despite the State Prosecutor's Office's previous decision not to indict Steif for the breach and to grant her immunity regarding her involvement in obtaining the materials. The sharp findings by the court have raised questions about whether the criminal case against Steif could be reopened.

The ruling, issued in Naveh's civil lawsuit against Steif and the state, clarifies Steif's role beyond simply receiving leaked information. According to Deputy President Judge Oren Schwartz, Steif actively facilitated the breach of Naveh's password-protected phones. The court found that Steif connected with Yuli Rosenberg, who possessed the technical ability to access the devices, and enlisted him for the task, requesting he attempt to unlock the phones for journalistic material. She was reportedly aware of how the information was obtained and later reviewed, organized, and disseminated the extracted data.

The court rejected Steif's claim for protections afforded to journalists, stating that a journalist cannot be an active participant in an illegal act to obtain information and then rely on journalistic defenses. The ruling noted that the breach could potentially constitute offenses under computer and wiretapping laws.

Previously, in December 2019, then-State Attorney Shai Nitzan decided not to indict Steif and Rosenberg, granting them immunity for their involvement in obtaining the materials. The prosecution had deemed the public interest in exposing suspicions uncovered by the breach to outweigh the severe privacy violation. An appeal by Naveh was rejected in March 2020.

While the district court's findings in the civil case are significant, they do not automatically reopen a criminal investigation. The court did not convict Steif of a criminal offense, and the phrase "criminal undertones" is not a conviction itself. However, the strength of the court's conclusions may prompt a re-examination of the prosecution's prior decision. Law enforcement would need to make a new decision to review the findings in light of the previous immunity granted to Steif.

In the civil aspect of the ruling, Steif and the state were ordered to pay Naveh approximately 600,000 shekels, including 450,000 shekels for invasion of privacy and an additional 25,000 shekels for libel related to a post calling Naveh "trash worm." Claims against other Galatz (Army Radio) personnel were dismissed, with the court finding they acted in good faith.