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On the WALL the Writing The Israel Religious Action Center (IRAC) is the legal and public advocacy arm of the Reform Movement in Israel. The Writing IRAC works for "tikkun olam" in the spirit of progressive Jewish values, focusing on issues of religion and state, and against racism, religious extremism and discrimination. המרכז הרפורמי לדת ומדינה -לוגו ללא מספר. IRAC fights for freedom of religion and on the conscience, equality, pluralism, tolerance, and WALL social justice in Israel. IRAC envisions a state Online Racist Incitement against Arabs in Israel with institutional separation between religion 2015 and state, where every person can choose freely between the various religious streams and not be discriminated against for choosing one stream over the other. Since it was founded in 1987, IRAC has been active in the legal and public arena to influence decision-makers, Reform communities and the general public, in order to realize its mission of social change in Israel. To learn more about IRAC, visit our website www.irac.org or contact [email protected] Israel Religious Action Center Israel Movement for Reform and Progressive Judaism The Writing on the WALL Online Racist Incitement against Arabs in Israel 2015 Written by: Attorney Ruth Carmi Consultation: Attorney Orly Erez-Likhovski Research: Elazar Ben-Lulu, Attorney Tehila Meir English translation: Shaul Vardi © Israel Religious Action Center, Israel Movement for Reform and Progressive Judaism Israel Religious Action Center 13 King David St., P.O.B. 31936, Jerusalem 91319 Telephone: 02-6203323 | Fax: 03-6256260 www.irac.org | [email protected] This report has been published with the generous support of the Edith and Henry Everett Foundation Contents Preface ..................................................................................................................................................................5 Introduction.....................................................................................................................................................8 The Phenomenon of Online Incitement ......................................................................................12 Findings ..........................................................................................................................................................15 Attributing Negative Qualities to Arabs ................................................................................................15 Identifying Arabs as Murderers ................................................................................................................17 Anti-Islamic Statements ..............................................................................................................................18 Demands to Boycott Arab Businesses and Employ Jews Only .....................................................20 Anti-Arab Statements and Demands for Boycotts due to Fear of Assimilation ......................30 Calls to Employ Violence against Arabs ................................................................................................32 Calls of “Death to Arabs” and Support for Anti-Arab Violence ......................................................33 Specific Incitement against Arab Citizens of Israel ...........................................................................37 The Unique Character of the Internet ..........................................................................................40 Incitement: The Legal Perspective .................................................................................................45 The Principle of Equality and Human Dignity .....................................................................................46 Freedom of Expression on the Internet.................................................................................................47 Opening Criminal Proceedings on Account of Incitement ............................................................52 Racist Incitement ...........................................................................................................................................54 Incitement to Violence ................................................................................................................................56 Filing Indictments and Instigating Investigations on Account of Incitement to Racism and Violence ....................................................................................................................................58 Demands for “Jewish Labor” and the Non-Employment of Arabs ...............................................60 Enforcement ....................................................................................................................................................62 Jurisdictional Authority ...............................................................................................................................70 International Law .....................................................................................................................................72 Universal Declaration of Human Rights ................................................................................................72 International Covenant on Civil and Political Rights ........................................................................73 International Convention on the Elimination of All Forms of Racial Discrimination ............75 Convention on Cybercrime ........................................................................................................................76 Conclusions and Recommendations ..........................................................................................77 State Authorities ............................................................................................................................................77 Internet Suppliers and Companies .........................................................................................................82 Civil Society Organizations ........................................................................................................................83 Internet Users .................................................................................................................................................84 Conclusion .........................................................................................................................................................85 Preface / Dr. Yuval Dror* Freedom of expression is one of the inherent properties of the internet, part of its very DNA. The internet acquired this character due to a combination of three historical circumstances: 5 A. The internet was created in the United States, where the First Amendment to the Constitution grants an almost sacred status to freedom of expression. B. The internet developed as an academic domain where freedom of expression is an essential condition for the progress of ideas and science. Accordingly, it relies on a culture that encourages diverse opinions. C. In both technical and normative terms, the internet has supported anonymous expression, freeing people from the fear of reprisals for making critical or subversive statements. During the first decade of the 21st century, however, we witnessed a series of developments that on the one hand challenged people’s ability to express themselves freely, and on the other led in certain instances to increasingly extremist forms of expression. Among other changes, the internet moved beyond the confines of the United States and became a global phenomenon. In many countries, including superpowers such as China, freedom of expression cannot be taken for granted. Moreover, the internet expanded into a broader commercial and civil realm in which libel and copyright laws are frequently exercised, and in which statements of incitement are outlawed. Finally, the emergence of Facebook as the most popular online platform around the world created a * Dean of the School of Communication in the Academic Track at the College of Management Academic Studies. normative infrastructure for discourse in which statements are attributed to identifiable and discrete users. In theory, these changes could be expected to influence the quality of discourse that emerges online, rendering it more moderate, if not more 6 cautious, insular and reserved. However, the internet does not operate in isolation from the external social and cultural world; the two realms are closely intertwined. Accordingly, in some countries, including Israel, circumstances actually led to an increasingly harsh and extreme form of discourse. Over the past decade, Israeli society has undergone a process of radicalization in public discourse. Elected representatives, such as Miri Regev, use the substantial immunity they enjoy as Members of Knesset to express their opinion in an extreme manner that verges on incitement. Elected representatives express these opinions on social media platforms, particularly Facebook, and enjoy considerable encouragement and enthusiastic endorsements, thereby motivating others to adopt the same style of expression. Certain sections of Israeli society interpret the presence of such statements to mean that they are permitted and legitimate; accordingly, they repeat these statements and present them in even more extreme terms. During periods of security crisis, such as when Israel was engaged in an armed conflict with Hamas, these statements developed
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