Case Number
HCJ 1514/01
Date Decided
6-18-2001
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: Petitioners are the subject of a film made by or for the respondents. The film was designated for broadcast on television on Shabbat. When the petitioners discovered the film was going to be broadcast on Shabbat they approached the Second Television and Radio Authority, and asked that the film not be broadcast on Shabbat stating that broadcast of the film on Shabbat would harm their religious feelings and violate their religious freedom. The request was denied by the Second Television and Radio Authority, which was willing to add captions on the screen which would state that the film was filmed on a weekday, but was not willing to broadcast the film on a weekday. The petition was filed against this decision.
Held: In the majority opinion, written by President Barak, it was determined that broadcast of the film on Shabbat constituted a violation of the petitioners’ religious feelings but not their freedom of religion. In the balance between the violation of the petitioners’ religious feelings and the freedom of expression of the respondents the freedom of expression prevails. The petition was therefore denied.
In a dissenting opinion Justice Dorner was of the view that the petitioners’ freedom of religion was violated, and that in balancing the competing human rights – the freedom of religion of the petitioners, on the one hand, and the freedom of expression and right to property of the respondents on the other – in this specific instance, the freedom of religion of the petitioners should prevail.
Keywords
Communications, Constitutional Law -- Freedom of Religion
