E/CN.4/1992/52
page 133
2.
The Basic Laws are supported and accompanied by laws which aim at
protecting the rights of Israeli inhabitants. Under the Defamation Law 1965
(L.S.I, vol. 19, p. 254), the Attorney-General may initiate libel proceedings
against anyone who reviles or defames any group of citizens on the basis of
their race, nationality, colour, creed or religion. A conviction under this
statute does not require the strict test of a 'clear and present danger' of
damage, nor are discriminatory statements regarded as protected forms of
speech. In practice, this statute serves as an effective deterrent to public
expressions of religious discrimination.
3.
The Penal Law: Offences against Sentiments of Religion and
Tradition Sec. 170-174 (L.S.I. Special Vol. Penal Law, 5737-1977) is aimed
directly at protecting religious sentiments. In addition to protecting places
and objects of worship and prohibiting trespass on places of worship or
burial, the law makes it a criminal offence to outrage, by print or speech,
religious sentiments.
4.
In a case regarding a theatre show which offended the religious
sentiments of a group of citizens the High Court of Justice reiterated the
importance which freedom of expression has in Israeli society and reaffirmed
its commitment to that principle. Nevertheless, the Court held that it will
limit freedom of expression when it is used abusively as when it is deemed to
be a gross offence to religious sensibilities (H.C.J. 351/72 26 P.D. II 811).
5.
The Penal Law, Sec. 144 A-E Incitement to Racism (L.S.I. Special
Vol. Penal Law, 5737-1977 as amended 1986) makes it a crime to print or
publish any matter with the intent of incitement to racism. This applies to
all publications, whether they are of a religious or a secular nature.
6.
The Knesset responded directly to the threat posed to Israel's
egalitarian character by the racist activities of the late Meir Kahane and his
Kach party. The Knesset voted to amend its own Rules of Procedure, permitting
the Presidium to refuse to place on the floor of the Knesset Bills that were
of a racist nature or violated the democratic nature of the State.
7.
Furthermore, The Basic Law: the Knesset (L.S.I, vol. 12, p. 85) was
amended in 1986 so as to prohibit any candidate with racist intentions from
running for the Parliament. The Law now reads as follows:
'7A. A list of candidates will not be eligible to participate in
elections for the Knesset if there appears among its objectives or by its
actions, either expicitly or implicitly one of the following:
(1) Negation of the State of Israel as the State of the Jewish
People.
(2) Negation of the Democratic Nature of the State.
(3)
Incitement to Racism.'