Case Number

MP 298/86

Date Decided

4-7-1987

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The two consolidated appeals requested the cancellation of fines imposed upon reporters who refused to reveal their sources of information upon being subpoenaed to testify before the District Disciplinary Court of the Israeli Bar Association. The main issue was whether the two reporters had an obligation to answer questions regarding their sources, or whether they enjoyed a privilege allowing them to refuse.

Held: The Court noted that there is no Israeli statute explicitly granting immunity to reporters and that such an immunity is not included in the 5731/1971 Evidence Ordinance, which does acknowledge other privileges. After considering the development of the issue through English and US case law, the Court has determined that reporters enjoy partial immunity from being forced to reveal their sources. It noted that the interest of protecting reporters' sources stems from freedom of the press and from freedom of expression, which is a prerequisite for the guarantee of most of the other fundamental rights of citizens. The Court ruled that the right to protect reporter's sources of information is a public interest and weighed it against the public interests of doing justice, preventing crime and acts against public order. It determined that the reporters' immunity is partial and not absolute. The Court may instruct the witness- reporter to answer a question. President Shamgar ruled that the reporter should not be forced to reveal its sources unless it is relevant to the legal procedures and the Court thinks it is necessary and important in order to do justice in an essential matter. The Court clarified that this refers to severe offences that have significant results or implications, or to serious wrongdoing that requires the revelation of the source in order to do justice. In the case in question, the Court decided that, while the reporters’ sources were relevant to the disciplinary trial, it was not a matter that justified curbing the freedom of the press and dismissing the reporters' immunity. Therefore, the appeal was accepted. It was held that the two Appellants were permitted to refuse to answer questions regarding their sources of information and the fine was overturned.

Keywords

Constitutional Law -- Freedom of Expression, Constitutional Law -- Freedom of the Press

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