The Israeli Anti-Boycott Law: Should Artists Be Worried?

Authors

Arie Peled, Benjamin N. Cardozo School of Law

Abstract

Though much has been written about the economic dimension of Arab boycotts against Israel, much less attention has been paid to the implications of wider calls for a cultural boycott against Israel. Part I of this note will outline the scope of Israel's boycott problem by looking to the history of the Palestinian Boycott, Divestment, and Sanctions ("BDS") movement, while focusing in particular on the cultural aspects of this boycott. It will then discuss the current dimensions of the domestic and international cultural boycott campaigns Israel faces. Part II will analyze the Israeli legislative response to the BDS movement through its controversial Law for the Prevention of Harm to the State of Israel by means of Boycott ("Anti-Boycott Law"). As part of its analysis, Part II will discuss the potential implications of the AntiBoycott Law for Israeli and foreign artists who publicly promote the cultural boycott in Israel and abroad. Finally, Part III of the note will assess the merits of the petitions against the Anti-Boycott Law that are currently pending before the Israeli Supreme Court. Ultimately, this note will argue that the law should be struck down due to its chilling effect on freedom of speech, which is a value protected by Israel's Basic Law on Human Dignity and Liberty.

Disciplines

Entertainment, Arts, and Sports Law | First Amendment | International Law | Labor and Employment Law | Law | Torts

Recommended Citation

Arie Peled, The Israeli Anti-Boycott Law: Should Artists Be Worried?, 32 Cardozo Arts & Ent. L.J. 751 (2014).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol32/iss2/9