Case Number
HCJ 651/03
Date Decided
1-23-2003
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: During elections for the sixteenth Knesset, Respondent no. 1 disqualified portions of the election propaganda broadcasts of respondents nos. 2 and 3. These portions were disqualified by the Chairman because they included pictures of the Palestinian flag. Petitioner asserted that this disqualification of the portions constituted an infringement of the freedom of speech of respondents nos. 2 and 3, and an infringement of the voters' right to view political messages uncensored. The Attorney-General, as an amicus curae, asserted that petitioner did not have standing to bring his petition, as the injured respondents could have brought the petitions themselves.
Held: The Court held that petitioner did have standing as a public petitioner. The Court noted that the standing of public petitioners has been recognized in matters of a public nature that concern the rule of law, the enforcement of constitutional principles, or where intervention is necessary to repair a substantial error in government operations. In general, however, the standing of a public petitioner has not been recognized where there exists a specific individual who has been injured and also has standing. Even so, in the context of election law, the Court held that the standing of a public petitioner should be recognized even where there exists a specific individual who has standing. This extended right of standing should be recognized due to the importance of regular and proper elections to the democratic process, and due to the fact that all voters have an interest in receiving the political messages of the candidates. As to the merits of the petition, the Court held that, under the circumstances, the appearance of the Palestinian flag in the broadcasts would not cause injury to viewers. As such, the Court struck down the decision of the Chairman of the Central Elections Committee.
Keywords
Communications, Constitutional Law -- Basic Law: The Government, Constitutional Law -- Freedom of Expression
