High Court Freezes Monitoring by Ben Gvir's Incitement Department

The High Court of Justice in Israel issued a temporary order to freeze the proactive monitoring of individuals on social media by the police's newly established Incitement Department. This decision, made on a recent Sunday, follows allegations that the department, created by National Security Minister Itamar Ben Gvir, was unlawfully tracking the online activities of ordinary citizens. Judge Yechiel Kasher emphasized that such monitoring is prohibited without evidence of a criminal offense and without prior approval from the State Attorney's Office.

Times of Israel

The ruling was prompted by a petition filed by Efrat Rayten, a member of the Knesset from The Democrats party, in collaboration with the left-wing Zulat Institute. Reports indicated that the department had been soliciting names of individuals deemed "interesting" or "concerning" for monitoring, raising significant civil rights concerns.

Times of Israel

Ben Gvir founded the Incitement Department earlier this year, aiming to shift the responsibility for handling terror-linked incitement cases from the Investigations and Intelligence Division, which is led by Deputy Commissioner Boaz Blatt. The department's official status remains ambiguous, but it has reportedly begun addressing some incitement-related cases. Attorney General Gali Baharav-Miara has called for an immediate cessation of the department's operations, citing concerns over the lack of a sufficient evidentiary basis for its surveillance activities.

Times of Israel

Since Ben Gvir took office in December 2022, police have opened 710 incitement cases, with a striking 96% of these cases targeting Arab citizens, while only 4% involved Jewish individuals. This data was disclosed in response to a freedom of information request by the Association for Civil Rights in Israel, highlighting potential biases in the department's operations.

Times of Israel

Critics argue that the actions of the Incitement Department threaten free speech rights and could lead to an increase in unwarranted investigations. Concerns have been raised regarding a proposed law that would allow police to investigate terror-linked incitement without the oversight of the State Attorney's Office, further eroding checks on police authority. State Attorney Amit Aisman noted at a legal conference that there have been instances where police initiated investigations without proper authorization, indicating a troubling trend of circumventing legal protocols.

Times of Israel

In response to the High Court's ruling, Ben Gvir expressed his discontent, suggesting that if incitement resurfaces, the responsibility would lie with Judge Kasher. He questioned whether the judge would take accountability for any potential terror attacks resulting from the decision.

Times of Israel

• “If the incitement returns, it will be the fault of Judge Kasher and his friends,” — Itamar Ben Gvir, National Security Minister

Times of Israel

• “for any reason without indication a criminal offense has been committed, and in the absence of approval from the state attorney’s office.” — Judge Yechiel Kasher

Times of Israel

The future of the Incitement Department remains uncertain as the High Court's ruling halts its operations. The legal and political ramifications of this decision will likely unfold in the coming weeks, particularly as discussions continue regarding the proposed legislation affecting police oversight.

Times of Israel