Where You Stand Depends On Where You Sit
January 7, 2016 § 4 Comments
The discourse in Israel lately has got me thinking about my first year of law school. One of the first things we were taught was that success in the law (and on law school exams) relies on being able to distinguish cases based on different facts. You may have two similar corporations that refuse to honor similar contracts under similar circumstances, but one will be a breach of contract and one will not depending on all sorts of mitigating factors. In observing what is deemed to be acceptable or not by the Israeli government and its supporters on one side and its detractors on the other, it is handy to have a decision tree at the ready.
For example, let’s examine the issue of foreign funding for non-profit non-governmental organizations. The recent NGO bill that is causing such a stir after passing an initial vote in the cabinet is predicated on the assumption that accepting too much money from sources outside of Israel effectively makes organizations foreign agents who may have nefarious ulterior motives. Its sponsor, Justice Minister Ayelet Shaked, made that argument explicitly in an op-ed this week in which, after comparing the proposed bill to the U.S. Foreign Agents Registration Act, she wrote, “Like the United States, we have discovered in recent years the danger posed by the existence of forces financed by foreign money.” So the problem appears to be foreign influence, right?
Except that the bill only applies to money coming from foreign governments, not from individuals. Perhaps that is because the bill’s sponsors and supporters only view foreign influence as nefarious if it is governmental influence and not general non-Israeli influence, which is certainly a reasonable position to take. Or perhaps it is because leftwing Israeli NGOs tend to receive their funding from foreign governments while rightwing Israeli NGOs tend to receive their funding from foreign individuals. Or perhaps it is because the most prominent example of foreign funding in Israel is the country’s highest circulation newspaper, the pro-Netanyahu Yisrael Hayom, which is owned by Sheldon Adelson and distributed for free to the tune of millions of dollars lost annually, so decrying any and all foreign monetary influence would quickly become awkward. The point is, it is difficult to take a position on foreign funding without consulting your scorecard.
The same goes for labeling, which is another component of the NGO bill. Representatives from affected NGOs would be required to wear special identification badges while in the Knesset similar to the ones required of lobbyists. The bill’s supporters – which include the entire Israeli cabinet that voted for it unanimously – describe this as a victory for transparency and good government in that it only provides MKs with information without actually impeding the ability of NGOs to operate. More information leads to better and accurately informed decisions, and so there is no problem with slapping informational labels on stuff, right?
Except that this argument gets turned on its head when it applies to the European Union guidelines calling for goods produced beyond the Green Line to carry labels declaring them to come from the settlements. In that instance, proponents of the effort to label NGOs based on where their funding originates fundamentally oppose the effort to label goods based on where their production originates. Shaked, for instance, stated in response to the EU that “European hypocrisy and hatred of Israel has crossed every line” and that the move was anti-Semitic and anti-Zionist. The free speech for me but not for thee dynamic is not, of course, confined to Shaked or the Israeli right. The EU, which insists that the settlement goods labeling initiative is nothing more than an apolitical technical move, stating “The Commission is providing guidance to the EU member states and economic operators to ensure the uniform application of the rules on indication of origins of Israeli settlement produce,” unsurprisingly does not view the NGO bill in a similar light. Rather than viewing it as a mechanism to ensure uniform application of information on origins of NGO funding, the EU’s response was to warn Israel about “reigning in its prosperous democratic society with laws that are reminiscent of totalitarian regimes.” As with foreign funding, one’s perspective on labeling depends on where you happen to be sitting with regard to the particular initiative under consideration.
Other examples abound as well. When Netanyahu declared last week that he was not willing to accept pockets of citizens who do not abide by the laws of the state and who instead foment hatred and radicalism, it would have been a logical response to the indictment of Amiram Ben Ulliel, the alleged murderer of Ali Dawabshe, who is part of a larger movement of hilltop youth that are plotting to overthrow the state. Netanyahu instead was referring to the Arab Israeli sector following the shooting rampage carried out by Nashat Melhem, a lone gunman who has not been tied to any larger group or plot. While Netanyahu’s condemnation of Ben Ulliel has been unequivocal, his tarring of all Israeli Arabs for the actions of one compared to how he speaks about the radical right as isolated from any broader trends speaks volumes. Far more egregious is Joint List MK Osama Sa’adi, who refused to categorize the October murders of Eitam and Na’ama Henkin as terrorism because “Settlers are occupiers that steal the land of the Palestinian nation. We are against harming innocent civilians, but there is a difference between settlers, who are occupiers, and Tel Aviv.” Or Habayit Hayehudi MK Bezalel Smotrich, who says that the Dawabshe firebombing was not terrorism because terrorism can only be perpetrated against Israelis, not by them.
Perhaps issues in Israel are always so divisive and subject to hypocrisy and I am falling prey to the availability heuristic, but the current period seems to be more rife with such examples than usual. It would be great if everyone could take a deep breath, acknowledge that some issues are indeed matters of life and death and others aren’t, and see that a little more consistency combined with a dose of empathy would do the entire country some good. Unfortunately, I fear that I am destined to remain frustrated.
Freedom House’s Funhouse Definition Of Israeli Press Freedom
May 2, 2013 § 2 Comments
Freedom House released its annual “Freedom of the Press” report yesterday, in which it analyzes global press freedom and ranks countries by their levels of press freedom. Much like it does with its widely cited measure of freedom in the world, countries are given a designation of Free, Partly Free, and Not Free, and this year’s press freedom report contained at least one surprise, which is that Israel has been downgraded from Free to Partly Free when it comes to press freedom. For anyone who follows Israel and is a consumer of Israeli media, this comes as a head-scratching development, as Israel has four major newspapers that are evenly divided across the political spectrum, does not have any issues of jailing or intimidating journalists, and the press regularly investigates and criticizes the government for offenses big and small. Yet, Israel’s score for 2013 moved from a 30 to a 31, changing its overall press freedom status.
In the country report on Israel, Freedom House explains that Israel’s status was changed because of Ha’aretz journalist Uri Blau’s indictment for possession of state secrets, concerns surrounding Channel 10’s license renewal, and Israel Hayom’s market dominance in the newspaper sector threatening the viability of other papers. On the other hand, as the report notes, “Legal protections for freedom of the press are robust, and the rights of journalists are generally respected in practice. The country’s Basic Law does not specifically address the issue, but the Supreme Court has affirmed that freedom of expression is an essential component of human dignity. The legal standing of press freedom has also been reinforced by court rulings citing principles laid out in Israel’s Declaration of Independence.”
Some further perusal of the Freedom House section on Israel reveals the depths of the absurdity of the designation of the Israeli press as Partly Free. Every piece of evidence in the report for declining press freedom is immediately followed by the equivalent of a small print disclaimer letting the reader know that the alarmist claims are either not quite so alarmist or have not actually occurred. Freedom House lets us know that the media “continue to face the threat of libel suits” and then admits that no such suit has actually been brought without being withdrawn. Blau was indicted on charges of espionage for holding thousands of classified documents, but this was the first time the law had been used against a journalist in decades and Blau cut a plea deal in which he is serving – the horror, the horror! – four whole months of community service. The Knesset has debated a number of draft laws that would limit press freedom of expression and raise the statutory compensation amounts in libel suits, yet not one of these bills was actually passed so nothing has actually changed. Israel Hayom has captured 40% of the newspaper market and put pressure on other papers, so much so that Ma’ariv almost had to close, but in the end Ma’ariv was bought and is not closing, and just as Israel had two major rightwing papers and two major leftwing papers in 2012, the exact same lineup remains in 2013. I could go on, but you get the picture. The Freedom House report reads as if the designation of Israeli press freedom as Partly Free was made ahead of time, and then someone went hunting for facts to back it up but couldn’t even find the clear and unfettered evidence they were looking for. Doing some really top notch reporting in the Times of Israel, Haviv Rettig Gur talked to “Freedom of the Press” project director Karin Karlekar, who admitted that the issue of libel suits was not about how they are handled in Israel specifically but because Freedom House generally opposes libel suits, that the issue with Blau isn’t even over the Blau case per se but that Freedom House is worried that this will be the beginning of a trend – despite the fact that this is literally the only instance of this law being used in decades – and that despite Israel Hayom’s market dominance Israel’s media is “very diverse.” So basically, Freedom House doesn’t have much of a problem with press freedom in Israel now, but what Israeli press freedom might look like in the future should a number of things go wrong.
In case you are wondering why Israel and its supporters constantly decry double standards and Israel being unfairly singled out for criticism, here is Exhibit A. Nobody claims that Israel is perfect, least of all me, but there’s no shortage of Israeli missteps to criticize without making new ones up. The idea that Israel’s press is not completely free is ridiculous, particularly to anyone who has spent even five minutes reading Israeli newspapers or watching Israel television, and if Freedom House wants to credibly assert differently, it’s going to have to come up with something better than a bunch of “yes, but” speculation.
Tycoon Politics
July 9, 2012 § Leave a comment
One of the most consequential, and yet underappreciated, events in recent Israeli politics was the creation of the Israel Hayom newspaper in 2007. Israel Hayom (meaning Israel Today) is owned and bankrolled by Sheldon Adelson, who has recently become well known in the United States for his support of Newt Gingrich and now Mitt Romney through millions of dollars in super PAC donations. After only three years, it became the largest circulation newspaper in Israel, and because it is free, it is unlikely to give up its top spot any time soon. It is also unabashedly and unwaveringly supportive of Bibi Netanyahu, and has contributed to a media climate in Israel in which Netanyahu is often treated with exceeding deference.
While Adelson is Netanyahu’s most enthusiastic backer, this was not always the case. As detailed in the recent Vanity Fair profile of Bibi,a decade ago his billionaire champion was Ronald Lauder, who bought Channel 10 in order to provide Netanyahu with a friendly media outlet. Over time, as the independent channel became increasingly critical of Netanyahu, the friendship between he and Lauder deteriorated, and Netanyahu characterized it to Vanity Fair as “O.K. We’ve had warmer periods and cooler periods. I respect him, and he respects me.” Lauder himself has also become more openly critical of Netanyahu, giving what was in many ways a shocking interview a year ago in which he publicly disagreed with Netanyahu’s demand that the Palestinians recognize Israel as a Jewish state before commencing negotiations and criticized his foot dragging on the peace process. This past month, Lauder took out a full page ad in the Wall Street Journal that was supportive of Netanyahu and placed the blame on the Palestinians for the impasse in the peace process, which was seen as an effort to repair ties with Bibi but also could have been a PR response to the airing of dirty laundry in the Vanity Fair piece. In any event, there is sufficient evidence that Lauder and Netanyahu have parted ways over the last ten years, both in their friendship and in their views on Israeli policy.
In light of all this, the news that Lauder is planning on starting an English language Israeli news website is intriguing. On the one hand, this might be an effort to improve Israel’s image among the world’s English speaking population or even reconnect American Jews to Israel. On the other, this might also be a subtle dig at Adelson and Lauder’s attempt to shape Israeli news abroad as Adelson has done in Israel. Adelson and Lauder do not get along at all, and Lauder’s influence with Netanyahu has waned in direct proportion to Adelson’s increased clout, so it will be interesting to see if Lauder’s new venture is as pro-Bibi as Israel Hayom is. If Lauder has indeed broken with Netanyahu and believes that there needs to be greater pressure put upon him on the peace process front, the resulting clash of the titans will be interesting to watch.
Adelson and Lauder are not the only two billionaires inserting themselves into Israeli politics. Yediot reported today that Charles Bronfman and Ronald Cohen bankrolled the reservists’ protest on Saturday night, which clearly put lots of pressure on Netanyahu to back off his position earlier last week of ignoring Kadima’s demands regarding drafting Haredim. None of these developments are good, since the insertion of foreign money into Israeli politics, whether it be Adelson’s, Lauder’s, or Bronfman’s, is not going to end well. If you need any confirmation of that, just ask Ehud Olmert how things have been going for him lately. It doesn’t appear as if this trend is abating any time soon though, and given the different personalities and viewpoints involved, it looks like Adelson is about to have some competition.
