Israeli Military Censor

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The Israeli Military Censor is a unit in the IDF Directorate of Military Intelligence which watches over the publication of information regarding the military network, and generally, the security of Israel. The Military Censor, as part of its duty, has authority to suppress information it deems compromising from being made public in the media. In practice however, the ability of the censor to suppress publication of news stories in the Israeli media is rather limited as Israeli news outles often circumvent the censor by reporting stories "as quoted from foreign news sources," which, since they were originally published outside of Israel, are not subject to the restrictions Israeli military censor.

1 The Censorship Agreement
2 Parliamentary and judicial oversight
3 The Chief Censor
4 See also
5 References

[edit] The Censorship Agreement

In 1966, the Censorship Agreement was signed between media representatives and the IDF. The media agreed to abide by the orders of the Military Censor, while the IDF agreed not to misuse its role. Three main points of the arrangement are:

The purpose of the censorship is to prevent the publication of security information which could benefit the enemy or harm the State.
There will be no censorship on political issues, on expressions of opinion or assessments, unless they hint on classified information.
The Military Censor will inform the media which issues demand its approval. The list is subject to change, but always includes two overarching issues: the security of the State, and the immigration of Jews from nations hostile to Israel. ^[1]

[edit] Parliamentary and judicial oversight

During the 1990s, the Knesset's Foreign Affairs and Defense Committee appointed a subcommittee, chaired by Yossi Sarid, to examine the existence and role of the Military Censor. The subcommittee recommended to keep the Censorship Agreement in place, but amend it by:

Extending the terms of the Agreement to all media outlets in Israel, not only media outlets with representatives in the Editorial Committee.
A simple appeal of a decision rendered by the "Censorship Committee" will not be heard by the Chief of Staff but by a Supreme Court Judge, or retired Judge with an Arbitrator status in the Arbitration Law.
The terms of the Censorship Agreement will also be extended to foreign journalists working in Israel
A newspapers will be allowed to cite anything published in another newspaper, unless the Military Censor decides the material poses "imminent and immediate danger" in the spirit of the terms established by the Supreme Court.
The Military Censor or the Interior Minister are to be prohibited from shutting down a newspaper that is not part of the Agreement without giving it the opportunity to appeal the decision in the courts. ^[2]

The former president of the Supreme Court, Aharon Barak, ruled that, when in direct conflict, the right to live supersedes the right to expression:

"Precisely because of the existential nature of the security issues, it is important that the public be aware of the host of problems, in a manner where it is able to arrive at wise decisions on the fundamental problems which trouble it. Precisely because the repercussions that decisions of a security nature have on the life of nation, it is suitable to open the door to openly exchanging of views on security issues." ^[3]

In March 2005, it became public that the Ministry of Defense-appointed Winograd Commission for reviewing the authority of the Military Censor (chaired by former judge, Eliyahu Winograd), whose members were selected by the then-Chief Censor Colonel Miri Regev, would recommend expanding the authority of the Military Censor, by proposing legislation to repeal the 1989 Supreme Court ruling which limited the scope its authority on legitimate news reporting. But since then, opposition for the move (initiated by commission member, professor Asa Kasher) was expressed by professor Gabriela Shalev, another commission member. ^[4] The Winograd Probe has yet to publish its report.

[edit] The Chief Censor

The unit is commanded by the Chief Censor, an officer directly appointed by the Defense Minister. It is an entirely independent position in the IDF, which is neither subordinate to the Defense Minister, nor the Chief of Staff, Aman Director, or any one else on the chain of command or from the political echelon, and is only subject to parliamentary and judicial oversight. As of August 2005, the Chief Censor is Colonel Sima Vaknin. ^[5]