Case Number

HCJ 5432/03, HCJ 5477/03

Date Decided

3-3-2004

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The third respondent held a concession for broadcasting the ‘Playboy’ channel in Israel. This channel shows material of an erotic or pornographic nature. The first respondent gave a licence to respondents 4-7 to broadcast the ‘Playboy’ channel, subject to a number of restrictions relating, inter alia, to the times when the broadcasts were permitted, the manner of subscribing to the channel, and measures that needed to be taken to ensure that the channel was not accessible to persons under the age of 18. The petitioners challenged the decision of the first respondent, on the grounds that the first respondent erred in its interpretation of the law, and that the broadcasts of the ‘Playboy’ channel fell within the scope of a provision in the law that prohibits ‘a depiction of a person or any part of a person as a sex object.’ The petitioners further argued that the broadcasts of the ‘Playboy’ channel offended the feelings and dignity of women.

Held: The majority of the Supreme Court justices who heard the petition held that even pornography enjoyed the protection of the constitutional right of freedom of expression. As such, even though there were conflicting rights or interests, the first respondent’s decision struck a proper balance by permitting the broadcast of the ‘Playboy’ channel, subject to the restrictions that it imposed. Even those minority justices who questioned whether pornographic expression fell within the scope of the right of freedom of expression accepted that there were no grounds for intervention in the decision permitting the broadcasting of the ‘Playboy’ channel, in view of the restrictions imposed on the broadcasts.

Petitions denied.

Keywords

Communications, Constitutional Law -- Basic Law: Human Dignity and Liberty, Constitutional Law -- Freedom of Expression

Download

Share

COinS