Ethics Abuse in Middle East Reporting Kenneth Lasson University of Baltimore School of Law, Klasson@Ubalt.Edu

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2009 Betraying Truth: Ethics Abuse in Middle East Reporting Kenneth Lasson University of Baltimore School of Law, [email protected]

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Recommended Citation Betraying Truth: Ethics Abuse in Middle East Reporting, 1 The ourJ nal for the Study of Antisemitism (JSA) 139 (2009)

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JOURNAL for the STUDY of ANTISEMITISM JOURNAL for the STUDY of ANTISEMITISM

Volume 1 Issue #2 2009 2009

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TABLE OF CONTENTS Volume 1 Number 2

Preface It Never Sleeps: A Note from the Editors ...... 89

Antisemitic Incidents around the World: July-Dec. 2009, A Partial List ...... 93

Articles Defeat, Rage, and Jew Hatred ...... Richard L. Rubenstein 95

Betraying Truth: Ethics Abuse in Middle East Reporting ...... Kenneth Lasson 139

When Fairy Tales Kill ...... Steven K. Baum 187

“Jew” as a Slur in German and French Today...... G¨unther Jikeli 209

Traditional Catholicism and the Teachings of Bishop Richard Williamson .....J. Christopher Pryor 233

Essays What Really Happened in Mumbai? ...... Alyssa A. Lappen 253 28003_jsa_1-2 Sheet No. 3 Side A 03/01/2010 12:09:36 Money, Madoff, and the Jews ...... Mitch Wohlberg 269

When Doing Right Is Wrong—Israel Today . . Alan M. Dershowitz 281

LDS’s (Latter-day Saints) Posthumous Baptisms ...... Daniel N. Leeson 283

Reviews The Other War Against the Jews: Jeffrey Herf’s Nazi Propaganda for the Arab World ...... Neal E. Rosenberg 289

In Their Own Words: Andrew Bostom’s (Ed.) The Legacy of Islamic Antisemitism...... Alyssa A. Lappen 293

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Betraying Truth: Ethics Abuse in Middle East Reporting

Kenneth Lasson*

This article presents a brief overview of press freedom under the First Amendment, attempts to create a working definition of media “objectivity,” examines various codes of professional ethics for journalists, and analyzes specific cases in which such standards have allegedly been abused or abandoned in Middle East reporting.

The duty of the journalist is . . .seeking truth and providing a fair and comprehensive account of events and issues. — Preamble, Code of Ethics, Society of Professional Journalists

In a world at once increasingly chaotic and historically interconnected, the news media have come to play unprecedented roles both in the virtually instantaneous recording of fast-moving events and in influencing the occurrence and evolution of those events themselves. This phenomenon has been amply illustrated over the past half-century–often with utter clarity and sometimes profoundly–in the protracted conflict between Israel and its Arab neighbors, which has been as much a war of words as it has been of armed battles, suicide bombings, and other brutally random acts of terror. Thus has it become more essential than ever to require that the media be encouraged toward professional responsibility while at the same time being held accountable for ethical failures. How can this be accomplished

in a free society in which journalists are protected from recrimination for 28003_jsa_1-2 Sheet No. 29 Side A 03/01/2010 12:09:36 what they speak and write–such as in the United States, where the First Amendment both shields the press from governmental interference and grants it broad power to disseminate information as it sees fit?1 The media, of course, are not beyond reproach. Freedom of the press does not mean immunity from criticism. Reputable journalists abide by standards that, though largely self-imposed, are presumed to be honestly applied. When these principles are abrogated, violators should be taken to task. Nowhere has this responsibility been more tested than in the Middle

* Professor of Law, University of Baltimore. Many thanks to Eric Easton and Eric Rozenman for their thoughtful comments on the manuscript. 1. “Congress shall make no law . . . abridging the freedom of speech, or of the press.” U.S. Const. amend. I. 139

C M Electronic copyY availableK at: http://ssrn.com/abstract=1564792 28003_jsa_1-2 Sheet No. 29 Side B 03/01/2010 12:09:36 M K C Y Terror- . 1:139 cause and VOL [ , or Politics and the Journal of Communication MENDMENT A IRST Cycle of violence F 2 ? 3 AND THE disputed ” or 4 : “[P]olitical language–and this is true of with variations BJECTIVITY Occupied “O ? JOURNAL FOR THE STUDY OF ANTISEMITISM militant ? The actors and their actions are news, but media descriptions can be ? The actors and their actions are news, This article presents a brief overview of press freedom under the First This article presents a brief overview As George Orwell admonished in his 1946 essay As George Orwell admonished in Critics of Mideast coverage are facile at ferreting out what they feel is coverage are facile at ferreting out Critics of Mideast instead to label Hamas a “militant” organization Is it fair, for example, buzzwords can rightly reject the possibility that Or do journalists The oft-stated and highly desired goal of modern journalism is objectiv- The oft-stated and highly desired goal and dissemination of news ity, the detached and unprejudiced gathering a goal is impossible to achieve. and information. . . . It’s a pity that such 4. See http://www.quotedb.com/quotes/2912. 2. See infra notes 155-177 and accompanying text. 3. See Yariv Safati, “Hostile Media Perceptions, Presumed Media Influence, or English Language to Anarchists–isall political parties, from Conservatives designed to make and to give an appearance of lies sound truthful and murder respectable, solidity to pure wind.” of media “objectivity,” exam- Amendment, attempts a working definition ethics for journalists, and analyzes spe- ines various codes of professional have allegedly been abused or cific cases in which such standards abandoned in Middle East reporting. 140 pitched battle been locked in a Israel has for over a half-century East, where legitimacy. of its national neighbors for recognition against its Those who have diffi- by the media been treated unfairly the Jewish state has feel that different perspective. might harbor a how others culty fathoming Contra- biased against press as world view the Western in the Moslem rily, many of Islam. other practitioners Arabs and accuse the media of of judgmental terminology, and the widespread use that nurtures ambiguity and confusion. relying on language of a “terrorist” one? bias in declaring that “extremists Is there an inherent Are there spe- equally to a “cycle of violence”? on both sides” contribute definitions of words like “occupation,”cific and accurate “massacre,” and by which the media should abide? “freedom fighter” the idea that words can wound? quickly turn to bombast, or ignore ist \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 2 26-FEB-10 9:19 effect quite political–and consequential. and Minority Alienation: The Case of Arabs in Israel,” 57 (2007). 28003_jsa_1-2 Sheet No. 29 Side B 03/01/2010 12:09:36 B 03/01/2010 29 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 30 Side A 03/01/2010 12:09:36 141 Mich- ” , William & Mary Bill of Rights Jour- BETRAYING TRUTH 5 7 35 (2008) and Robert M. O’Neil, “Tainted Sources: First 6 – of Communication R. Murrow School Taflinger, Edward Richard Nevertheless, although it is well established that the First Amendment Nevertheless, although it is well established the press’s independence has As is the case with other professions, Some say that even defamation suits threaten the vitality of First defamation suits threaten the Some say that even has never adopted Black’s point But the majority of the Supreme Court The First Amendment is virtually absolute in protecting freedom of in protecting freedom virtually absolute Amendment is The First The only sure way to protect speech and press against these threats is to to protect speech and press against these The only sure way of speech and press and there- recognize that libel laws are abridgments courts by the First and Fourteenth fore are barred in both federal and state to say what one pleases about Amendments. . . . An unconditional right minimum guarantee of the First public affairs is what I consider to be the Amendment. As long as human beings gather and disseminate news and information, news and disseminate gather beings as human As long dream. is an unrealizable objectivity 5. See Married a Senator’s Amy Gajda, “What if Samuel D. Warren Hadn’t 6. Rosenblatt v. Baer, 383 U. S. 75, p. 95 (1966). 7. See website of First Amendment Center, http://www.firstamendmentcenter. 4 (1996): 1005. M K protects journalists as well as common citizens against reproach for most of protects journalists as well as common for readers against biased or what is spoken/written, the only protection and objectivity of the media. false information is the good faith the public good. A “social responsi- been justified by its role in upholding influential 1947 Hutchins Commission bility” theory was articulated in the Amendment rights. Court Justice Hugo Black wrote Former Supreme meant just that, and law” abridging freedom of the press forcefully that “no therefore violate the First Amendment: that all libel laws ground by ruling that there must be a of view, instead staking out a middle protecting reputations and ensuring proper accommodation between freedoms. If the press could be pun- “breathing space” for First Amendment would freeze publications on any ished for every error, a chilling effect controversial subject. 2009] press.speech and frequently, which occur defamation suits, Except for restrictions–formost of the other of national secur- example, the protection of an imminent danger–areity or the prevention invoked. There are rarely and using tainted related to invasion of privacy also legal limitations sources of information. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 3 26-FEB-10 9:19 igan State Law Review Amendment Rights and Journalistic Wrongs,” nal Daughter?: Uncovering the Press Coverage that Led to the Right to Privacy org/about.aspx?item’about_fac. C Y 28003_jsa_1-2 Sheet No. 30 Side A 03/01/2010 12:09:36 A 03/01/2010 30 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 30 Side B 03/01/2010 12:09:36 , M K C Y (Uni- . 1:139 VOL the concept [ 10 The Letters of Junius The Papers of Adlai E. Ste- 237, quoting Commission on (1947), p. 18, and Jeff Storey, Cardozo Arts & Entertainment A Free and Responsible Press (1989): 44 (1936): 43, 46 (stating that freedom The Social Responsibility Theory of the Responsibility The Social 11 Commission on Freedom of the Press, A Free and 8 A Free and Responsible Press 131 [University of Chicago Press, 1947]). JOURNAL FOR THE STUDY OF ANTISEMITISM 9 19 (2001): 467. , ed. Walter Johnson (Boston: Little, Brown Company, 1974), 75, 78. (The , ed. Walter Johnson (Boston: Little, Brown , that argued that the news media must be held accountable for this held accountable media must be that the news , that argued Absolute objectivity may be unrealizable, but for any investigative may be unrealizable, but for Absolute objectivity has been made of Thomas Jeffer- As to the First Amendment, much The report identifies six tasks as essential to the press’s political role in the press’s political as essential to identifies six tasks The report 8. Commission on Freedom of the Press, 9. Todd F. Simon, “Libel as Malpractice: News Media Ethics and the Standard 11. Charles Beard, “St. Louis Post-Dispatch Symposium on Freedom of the 10. Press,” in Adlai E. Stevenson, “The One-Party reporter or contemporary journalist, such a goal remains fundamental. journalist, such a goal reporter or contemporary as “the mother of all our liberties,” While often characterized 142 entitled of journalism, on the goals Press unaltered as right will stand and that its “legal liberty to survive, particular is performed.” moral duty by providing infor- “servicing the political system a democracy, including of self-govern- the public,” so that it is “capable mation, . . . enlightening The social serving as a watchdog on government.” ment . . . and in view of its recog- assigns a special role to the press responsibility theory that would per- right. The self-same freedom nition as a First Amendment impose a duty to act conduct by the media is seen to mit irresponsible responsibly. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 4 26-FEB-10 9:19 versity of Chicago Press, 1947) (“Hutchins Report”).versity of Chicago Press, 1947) (“Hutchins See also E. Dreschel, Robert of Voluntary Social Responsibility in Mass “Media Malpractice: The Legal Risks 27 Communications,” Duquesne Law Review of a free press had little or nothing to do with truth-telling when it was first little or nothing to do with truth-telling of a free press had Most of the early newspapers were considered by the Founding Fathers. opponents. Freedom of the press partisan broadsheets attacking political partisan or non-partisan, true or false, in meant the right to be just or unjust, news column or editorial column. ed. John Cannon (Oxford: Oxford University Press, 1978) (1772), 8-9. (Let it be ed. John Cannon (Oxford: Oxford University into your children, that the liberty of impressed upon your minds, let it be instilled . .the press is the palladium of all the civil, political, and religious rights. . ); Edmund Randolph, History of Virginia,” reprinted in “Essay on the Revolutionary Virginia Magazine of History & Biography Responsible Press of the press was one of the fruits of genuine democracy and historical experience). Press” 13 (1938) (quoted in Freedom of the Press: Study,” “Does Ethics Make Good Law? A Case Law Journal of Care,” Fordham Law Review 53 (1984): 449. of Care,” Fordham Law Review 53 (1984): venson and of our progress under liberty.)free press is the mother of all our liberties See also Junius, 7, “Dedication to the English Nation,” in volume 28003_jsa_1-2 Sheet No. 30 Side B 03/01/2010 12:09:36 B 03/01/2010 30 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 31 Side A 03/01/2010 12:09:36 The 143 Houston The Life and (New York: Doubleday, (2003), http://cjrarchives.org/ , alt.philosophy, http://groups. “The bar of public reason,” said of public reason,” “The bar 16 12 eds. Adrienne Koch and William Peden . The Constitutional Thought of Thomas Jefferson The Constitutional Thought of Thomas An Almanac of Liberty BETRAYING TRUTH Objectivity and Journalism Columbia Journalism Review 67 (1990): 973. Newspapers were expected to be partisan in the eigh- Newspapers were 14 (Boston: Beacon Press, 1997). See also Brent Cunningham, “Re- It was viewed not as something “simple-minded and pallidly as something “simple-minded and It was viewed not 13 15 39 (2003): 1371. Objectivity itself would soon be criticized because such reporting Objectivity itself would soon be Historians appear to agree that the idea of objectivity has been an elu- to agree that the idea of objectivity Historians appear 16. Streckfuss, R. “Objectivity in Journalism: A Search and a Reassessment,” 12. See, e.g., W.O. Douglas, 13. (Mar. 4, 1801), in Thomas Jefferson, “First Inaugural Address” 15. Linda L. Berger, “Shielding the Unmedia: Using the Process of Journalism 14. Gerald Baldasty, M K Journalism Quarterly 1954), 362, and David N. Mayer, Press of Virginia, 1994), 166-84. (Charlottesville and London: University reflected a vision of reality that failed to examine the basic structures of reflected a vision of reality that failed objectivity gained momentum in the power and privilege. The assault on attacked “communist sympathizers” 1950s, when Senator Joseph McCarthy academia, and the media.in government, the entertainment industry, Many to a strict interpretation of objectiv- critics then and now blamed adherence McCarthy’s vendetta. On the other hand, ity as giving life to and prolonging 2009] to deal with that the best way on free speech: perspective son’s libertarian by truth. permit its correction error is to of modern newspa- journalists since the appearance sive goal of American Era of the 1830s.pers in the Jacksonian a By the 1890s it had emerged as much of the whose application was nurtured throughout guiding principle twentieth century. issues/2003/4/objective-cunningham.asp to Protect the Journalist’s Privilege in an Infinite Universe of Publication,” Law Review \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 5 26-FEB-10 9:19 teen hundreds, but by the 1960s, objectivity was a hallmark of American by the 1960s, objectivity was a teen hundreds, but journalism. procedure holding the demanding, intellectually rigorous neutral, but as a and jingo- change . . . an antidote to the emotionalism best hope for social American press.” ism of the conservative Jefferson, “will generally provide the remedy for abuses occasioned by the for abuses occasioned provide the remedy “will generally Jefferson, and peace are when security information. Only dissemination of unfettered affairs be economic, and social of political, should the discussion threatened restrained.” Selected Writings of Thomas Jefferson, also Douglas, supra note 12, p. 362. Justice (New York: Random Houes, 1993). See meaning as being in accord with his own Douglas naturally interpreted Jefferson’s by the state in favor of any given abridg- absolutist stance. But the argument made and security is being threatened. ment of speech is always that social peace For a google.com/group/alt.philosophy/browse_thread/thread/d0b7ca0d123c04c4. critique of the consequences of journalism, objective see Ben H. Bagdikian, Media Monopoly thinking Objectivity,” C Y 28003_jsa_1-2 Sheet No. 31 Side A 03/01/2010 12:09:36 A 03/01/2010 31 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 31 Side B 03/01/2010 12:09:36 M K 19 C Y 18 . 1:139 VOL [ , “What is insidious 21 no. 4 (2006): 5, 24. 19: 519-39 (2005). (New Haven: Yale University Press, 20 What Are Journalists For? Journal of Mass Media Ethics What Are Journalists For? JOURNAL FOR THE STUDY OF ANTISEMITISM 21 Nevertheless, journalistic objectivity–an ambiguous term that can refer may not always yield a fair While the goals of objectivity and accuracy In addition, objectivity has always been in tense competition with the has always been in tense competition In addition, objectivity By 1996, the Society of Professional Journalists had dropped “objec- had dropped Journalists the Society of Professional By 1996, true objectivity, is that there is no such thing as The common view 17 17. Media, an Objective Approach, and See Michael Ryan, “Mainstream News 18. Berger, supra note 15. 19. Ryan, supra note 17. 20. Jay Rosen, 21. See infra notes 53-54 and accompanying text. and crippling about objectivity is when journalists say: ‘We just present you and crippling about objectivity is when We don’t have any values ourselves.’ with facts. We don’t make judgments. That is dangerous and wrongheaded.” the March to War in Iraq,” to disinterestedness, factuality, and nonpartisanship–isto disinterestedness, factuality, and a significant princi- in the Western media, particularly in ple of professionalism to which many subscribe. Objectivity is not only an the United States and United Kingdom, goal of foreign media as well, even in American journalistic goal, but a afforded Americans via the First countries without the broad jurisprudence Amendment. components. Critics of an objective and balanced story, they are necessary need to make profits, which was accomplished largely through the sale of which was accomplished largely need to make profits, to offend potential advertisers, thus advertising. Publishers, not wanting to present all sides of an issue. The encouraged news editors and reporters cooperative arrangements likewise emergence of wire services and other “middle-of-the-road” coverage that forced journalists to produce more of differing political persuasions.would be acceptable to newspapers As Jay Rosen put it in his book, 144 R. Murrow of Edward the objective approach argue that it was one could to an McCarthy’s campaign ultimately brought journalists that and other end. its code of ethics.tivity” from the social began to replace Some journalists or “public” jour- of the press with a theory of “civic” responsibility theory the process, the press that rather than stand outside nalism, suggesting participants in it. in a way that would make citizens should intervene anyone else. The news reflect their cultures as much as because journalists preconceptions, not a device structured according to story is a value-laden of neutrality. All according to a professional canon means to seek truth judgments. the reporter to make personal and subjective reporting requires \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 6 26-FEB-10 9:19 1999), 16. See also Matthew C. Ehrlich, “Hollywood and Journalistic Truthtelling,” Notre Dame Journal of Law, Ethics and Public Policy 28003_jsa_1-2 Sheet No. 31 Side B 03/01/2010 12:09:36 B 03/01/2010 31 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 32 Side A 03/01/2010 12:09:36 See 145 to describe the New York Times executive editor Leonard Downie Jr. 24 25 BETRAYING TRUTH As such, journalists should adopt a reasonably As such, journalists Washington Post 23 note 17 at 6. supra (Fall, 2009), available at http://rhetorica.net/archives/3145.html. 22 This conception of objectivity has been criticized as failing to serve the objectivity has been criticized as failing This conception of value when the adoption of a For others, objectivity itself is of limited Although few journalists honestly lay claim to total neutrality, those to total neutrality, honestly lay claim few journalists Although Ryan, . See Leonard Downie Jr. http://www.washingtonpost.com/wp-dyn/articles/ 22. debate and discussion. This has been the subject of much recent See, e.g., 23. (1729-1797), a British politician. The term is attributed to Edmund Burke 24. personal lives, prohibiting them Some extend this standard to journalists’ 25. Baldasty, supra note 14. M K HETORICA lynching of thousands of black people—the immolation, and hanging, by mobs—withmutilation of men, women, and children clinical detach- newsmen often attempted to balance ment. Under the guise of objectivity, transgressions of the victims that such accounts by recounting the alleged R public by substituting “he-said-she-said balance” for truth. “he-said-she-said balance” for public by substituting Moreover, such practice because newspapers inevitably objectivity is nearly impossible to stories to cover, what to feature on the take a point of view in deciding what front page, and what sources to quote. During the 1890s, for example, clear position becomes a moral imperative. like the it was wrong for major newspapers 2009] so that it of journalism to change the culture have managed approach it is most at the very time reporting and devalued balanced obscured needed. their report- biases from strive toward filtering honest who are intellectually ing of the news. requires an emphasis on eyewitness At its core, objectivity sources, and a “bal- corroboration of facts with multiple accounts of events, of a topic. to present all important aspects ancing” of sources Journalists to be part of a “fourth estate”–anare thus considered independent institu- estates of church, mili- distinct from the three traditional tion separate and special-interest or (more broadly) private citizens, tary, and business, groups, and government. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 7 26-FEB-10 9:19 impartial point of view, simply reporting “both sides” or “all sides” of view, simply reporting “both sides” impartial point of positions on them. issues and not taking See http://www.campwood.com/FourthEstate.htm. which necessarily requires taking a from getting involved in political activities, stand. For example, former also and has stated that his newspaper maintains a code of ethics that forbids reporters editors from all political activities except voting. Downie himself says he decided in the to stop voting when he became the ultimate gatekeeper for what is published Post A59087-2004Sep29.html. C Y 28003_jsa_1-2 Sheet No. 32 Side A 03/01/2010 12:09:36 A 03/01/2010 32 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 32 Side B 03/01/2010 12:09:36 M K 26 C Y . 1:139 30 VOL [ Kant believed 29 * 28 Just the Facts: How “Objectivity” Came to Define Ameri- Just the Facts: How “Objectivity” Came , Rawls offered such a metaphorical garment as a mental , Rawls offered such a metaphorical (New York: New York University Press, 1998). (New York: New York University Press, JOURNAL FOR THE STUDY OF ANTISEMITISM If objectivity is defined as simply presenting all sides of a dis- all sides of a simply presenting is defined as If objectivity 27 The quality of foreign news coverage might be viewed from the per- The quality of foreign news coverage The theoretical framework for this requirement can be found in moral The theoretical framework for this The more appropriate goals, the argument proceeds, should have been should have the argument proceeds, appropriate goals, The more If the First Amendment protects virtually all written communication, protects virtually all written If the First Amendment 27. Examples of what has come to be called advocacy journalism are the writ- 28. See Michael Ryan, supra note 17. 29. See definition at Aristotle’s Golden Mean, available at http://en.wikipedia. 30. See essay on Kantian ethics, available at http://philosophy.lander.edu/ethics/ 26. David Mindich, ings of Upton Sinclair, Lincoln Steffens, Tom Wolfe, and Hunter Thompson. org/wiki/Golden_mean_%28philosophy%29 kant.html. can Journalism spective of justice, relying upon Rawls’ iconic “Veil of Ignorance.”spective of justice, relying upon Rawls’ In his Theory of Justice a standard of justice while remain- device to enable individuals to formulate to their society. His social contract is ing ignorant of their place in or value agree to just solutions if they were one in which rational individuals would permittingeach placed behind a veil of ignorance, to know ”the gen- them philosophy through civilization, from Aristotle to Immanuel Kant to John philosophy through civilization, from Golden Mean–theRawls. Aristotle’s concept of the desirable middle and the other of deficiency–informsbetween two extremes, one of excess notion of objectivity. the idea of journalistic balance, the 146 the practice. normalizing mobs, effectively provoked the lynch ostensibly would be position on an issue that taking a and accuracy, such fairness opportunity to a reasonable other side was given so long as the acceptable respond. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 8 26-FEB-10 9:19 pute, journalists abdicate what could and should be a moral obligation to be a moral what could and should abdicate pute, journalists or validity of the published allegations. investigate the truth what sanctions are available for abuses of journalistic discretion? available for abuses of journalistic what sanctions are It is rela- actions, or prevail in defamation suits, invasion-of-privacy tively difficult to to win substantial of emotional distress, or at least intentional invasions remain the primary cases. Nevertheless, although those damages in such journalists in a under the First Amendment, legal recourses available their audiences to provide thorough, democracy have a moral covenant with balanced reporting and commentary. that morality necessarily involves a struggle against our emotional inclina- that morality necessarily involves a tions–or, personal bias from the report- in this context, the need to divorce and intellectual honesty. ing of events, in the service of accuracy 28003_jsa_1-2 Sheet No. 32 Side B 03/01/2010 12:09:36 B 03/01/2010 32 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 33 Side A 03/01/2010 12:09:36 ; In 147 33 . In “mini- 34 OURNALISTS J To Be Accountable 31 To Seek Truth and Report It ; and THICS FOR E BETRAYING TRUTH ROFESSIONAL P To Act Independently ; ODES OF 32 C test the accuracy of information from all sources and exercise care to test the accuracy of information from is never permissible; dili- avoid inadvertent error. Deliberate distortion to give them the opportunity to gently seek out subjects of news stories identify sources whenever feasi- respond to allegations of wrongdoing; information as possible on ble. The public is entitled to as much motives before promising sources’ reliability; always question sources’ to any promise made in anonymity. Clarify conditions attached make certain that headlines, exchange for information. Keep promises; news teases and promotional material, photos, video, audio, graphics, sound bites and quotations do not misrepresent. They should not over- simplify or highlight incidents out of context; never distort the content of news photos or video. Image enhancement for technical clarity is always permissible. Label montages and photo illustrations; avoid misleading re-enactments or staged news events. If re-enactment is necessary to tell a story, label it; avoid undercover or other surreptitious The goals of the SPJ code are fourfold: The goals of the SPJ code are fourfold: Though standards of conduct may not be imposed upon journalists by upon journalists may not be imposed of conduct Though standards 31. available at http://www.answers. See definition of Kant’s veil of ignorance, 32. Society of Professional Journalists, at See Preamble, Code of Ethics of the 33. Id. 34. as follows: Journalists should The code elaborates on this standard – M K To Minimize Harm com/topic/veil-of-ignorance-1. http://www.spj.org/ethicscode.asp. SPJ Code of Ethics is voluntarily embraced The news professionals. The present version by thousands of writers, editors and other SPJ National Convention, after months of of the code was adopted by the 1996 members. study and debate among the Society’s 2009] them from affairs; it prevents such as political of human society” eral facts about themselves. any particular facts knowing the importance of profession itself has long recognized the government, the by most of the core ethical principles. The code accepted abiding by certain Journalists, promulgated by the Society of Professional news media is that is the forerunner of believing that “public enlightenment whose members, pursue “seeking truth of democracy,” pledge to justice and the foundation and issues.” They and comprehensive account of events and providing a fair The cornerstone public with thoroughness and honesty.” “strive to serve the is professional integrity:of their credibility is “The duty of the journalist account of events and providing a fair and comprehensive . . . seeking truth and issues.” \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 9 26-FEB-10 9:19 “seeking truth,” ethical journalists are required to be “honest, fair and cou- “seeking truth,” ethical journalists interpreting information.” rageous in gathering, reporting and C Y 28003_jsa_1-2 Sheet No. 33 Side A 03/01/2010 12:09:36 A 03/01/2010 33 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 33 Side B 03/01/2010 12:09:36 M K 36 C Y . 1:139 VOL [ In “acting independently,” they should be independently,” In “acting 35 Id. JOURNAL FOR THE STUDY OF ANTISEMITISM 37 methods of gathering information except when traditional open meth- information except when traditional methods of gathering such methods vital to the public. Use of ods will not yield information as part of the story;should be explained tell the story never plagiarize; boldly, even magnitude of the human experience of the diversity and values and to do so; examine their own cultural when it is unpopular by race, gen- values on others; avoid stereotyping avoid imposing those disability, ethnicity, geography, sexual orientation, der, age, religion, exchange of or social status; support the open physical appearance offi- find repugnant; give voice to the voiceless; views, even views they valid; distin- sources of information can be equally cial and unofficial commentary and news reporting. Analysis and guish between advocacy fact or context; distinguish should be labeled and not misrepresent that blur the lines between the news from advertising and shun hybrids to ensure that the public’s busi- two; and recognize a special obligation government records are open to ness is conducted in the open and that inspection. Id. be affected adversely by news show compassion for those who may dealing with children and inex- coverage; use special sensitivity when when seeking or using inter- perienced sources or subjects; be sensitive by tragedy or grief;views or photographs of those affected recognize may cause harm or discomfort. that gathering and reporting information arrogance; recognize that private Pursuit of the news is not a license for information about themselves people have a greater right to control seek power, influence or atten- than do public officials and others who justify intrusion into anyone’s tion. Only an overriding public need can to lurid curiosity; be cau- privacy; show good taste. Avoid pandering or victims of sex crimes; be tious about identifying juvenile suspects before the formal filing of judicious about naming criminal suspects fair trial rights with the pub- charges; and balance a criminal suspect’s lic’s right to be informed. Id. 35. Thus they must 36. real or perceived; remain free of They must avoid conflicts of interest, 37. Thus they should associations and activities that may compromise integrity or damage credibility; associations and activities that may compromise and special treatment, and shun secondary refuse gifts, favors, fees, free travel employment, political involvement, public office and service in community organizations if they compromise journalistic integrity; disclose unavoidable conflicts; be vigilant and courageous about holding those with power accountable; deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and be wary of sources offering information for favors or money; avoid bidding for news. 148 as human and colleagues treat sources, subjects, they should mizing harm,” of respect. beings deserving viewers and readers, listeners, to their “are accountable Finally, journalists each other.” \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 10 26-FEB-10 9:19 free of obligation to any interest other than the public’s right to know. the public’s right interest other than to any free of obligation 28003_jsa_1-2 Sheet No. 33 Side B 03/01/2010 12:09:36 B 03/01/2010 33 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 34 Side A 03/01/2010 12:09:36 149 The German 40 New York Times’ New York 39 BETRAYING TRUTH In Italy, a journalist “has to respect, cultivate and In Italy, a journalist “has to respect, 41 38 clarify and explain news coverage and invite dialogue with the public clarify and explain news coverage and the public to voice grievances over journalistic conduct; encourage and correct them promptly; against the news media; admit mistakes and the news media; and abide expose unethical practices of journalists they hold others.by the same high standards to which Id. The National Syndicate of French Journalists adopted a code of con- The National Syndicate of French Major American newspapers have codified their own rules regarding their own rules have codified newspapers Major American countries. are in place in virtually all Western Similar ethical codes Britain’s a code of Union of Journalists also promulgates National A journalist shall rectify promptly any harmful inaccuracies, ensure that promptly any harmful inaccuracies, A journalist shall rectify the right of receive due prominence and afford correction and apologies . . . when the issue is of sufficient importance. reply to persons criticised or broadcast cause or allow the publication No journalist shall knowingly photograph is has been manipulated unless that of a photograph that does not include normal dodging, clearly labelled as such. Manipulation adjustment, cropping and burning, colour balancing, spotting, contrast obvious masking for legal or safety reasons. 38. paragraph 25, available at http:// See New York Times Code of Conduct, 39. of Conduct (paragraphs 4 and 12), See National Union of Journalists Code 40. See National Syndicate of French Journalists (adopted by the National Syn- 41. Section 1, German Press Code, EthicNet, http://ethicnet.uta.fi/germany/ger- M K www.nytco.com/press/ethics.html http://media.gn.apc.org/nujcode.html. in dicate of French Journalists in 1918 and revised and completed by the Syndicate 1938), http://www.ijnet.org/Director.aspx?P’Ethics&ID’8299&LID’1. man_press_code. In 2001, Germany hosted a conference on The Ethics of Journal- ism . . .in the Islamic-Western Context, which noted many signs of a common ground between journalists of Islamic and Western countries. See http:// www.journalism-islam.de/con_introduction.htm. duct that states in part, “A journalist worthy of the name . . . considers the duct that states in part, “A journalist of documents, distortion of facts, slander, unfounded accusations, alteration misconduct.” and lying to be the most serious professional 2009] specifically but some do not in reporting, and ethics professionalism and balance. issues of bias address the the For example, engendered avoidance of bias mostly around the Conduct revolves Code of relationships.by personal rules is underlying its the general principle But free of any detachment, we preserve professional is essential that clear: “[I]t hint of bias.” pertinent provisions are that conduct, among whose – \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 11 26-FEB-10 9:19 Press Code likewise asserts that “respect for the truth, preservation of Press Code likewise asserts that of the public are the overriding prin- human dignity and accurate informing ciples of the press.” C Y 28003_jsa_1-2 Sheet No. 34 Side A 03/01/2010 12:09:36 A 03/01/2010 34 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 34 Side B 03/01/2010 12:09:36 M K C Y . 1:139 Lillian R. VOL [ EPORTING Nevertheless, 149; R 45 42 AST E 187; and Lee C. Bollinger, IDDLE M THICS IN (1984). E 449 44 University of Chicago Legal Forum That adherence, however, often requires journal- That adherence, 43 (Chicago: University of Chicago Press, 1991). OURNALISTIC 1993 J — Corporation Editorial Guidelines, British Broadcasting University of Chicago Legal Forum JOURNAL FOR THE STUDY OF ANTISEMITISM BUSE OF Fordham Law Review A HE When the news media fail to abide by their own journalistic standards, fail to abide by their own journalistic When the news media of events that take place in This is particularly true regarding coverage all sides of the long-running con- To be sure, abuses are claimed by As clearly stated as such principles may be, a fair reading of the facts a fair reading of may be, stated as such principles As clearly The word “terrorist” itself can be a barrier rather than an aid to under- itself can be a barrier rather than an The word “terrorist” try to avoid the term without attribution. standing. We should T 42. Federation of the Italian Press, Charter of Duties of Journalists, National 43. Journalists, Sigma Delta Chi 1973), Code of Ethics (Society of Professional 44. upon this subject. See, e.g., Rodney Many commentators have commented 45. See, e.g., http://agonist.org/ian_welsh/20060714/pro_israeli_bias_in_us_ http://www.ijnet.org/Director.aspx?P’Ethics&ID’8323&LID’1. and C. Christians, 291-94 app. A. See also reprinted in W. Rivers, W. Schramm, News Media Ethics and the Standard of Todd F. Simon, “Libel as Malpractice: Care,” 53 a New America: Platform Section on Com- A. Smolla, “Report of the Coalition for munications Policy,” they should be called to account. Adherence to this code of ethics is to account. Adherence to they should be called between journal- the bond of mutual trust and respect intended to preserve ists and their audience. nations–whereIsrael and the surrounding Arab three primary abuses of easily identifiable: clearly biased lan- explicit journalistic standards are inaccurate reporting of facts, and non- guage/inappropriate word choices, reporting of notable events. flicts–both media bias, and by by critics who perceive anti-Western/Israeli the opposite direction. those who see it running in quite 150 he researches for these reasons of all people; right of information defend the public interest he considers of information that every piece of and diffuses of it.” with a wide accuracy of truth and in observance consequences. with harmful frequently breached, that they are demonstrates \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 12 26-FEB-10 9:19 ists’ support and cooperation, which often appear to beists’ support and cooperation, which lacking. On the either defensive about or non-respon- contrary, the media often seem to be sive to documented criticism. Images of a Free Press media; http://www.mediamouse.org/news/2008/12/press-coverage.php; and http:// media; http://www.mediamouse.org/news/2008/12/press-coverage.php; and www.aim.org/media-monitor/pro-israel-media-bias. See also infra notes 169-177 and accompanying text. BeVier,Anxious Thoughts about Utopian Dreams: A Reply to Professor “Some Smolla,” 1993 28003_jsa_1-2 Sheet No. 34 Side B 03/01/2010 12:09:36 B 03/01/2010 34 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 35 Side A 03/01/2010 12:09:36 151 BETRAYING TRUTH 47 Prejudicial Word Choices Prejudicial Word This should be especially true for journalists. be especially This should 46 In the Mideast, however, these rules have been substantially fogged by In the Mideast, however, these rules Journalistic integrity demands adherence to several basic and interre- Journalistic integrity demands adherence Should we understand what is newsworthy by the words used to what is newsworthy by the Should we understand war of Palestinians are engaged in a momentous Both Israelis and The examples below are necessarily selective, but are intended to be but are intended selective, below are necessarily The examples 46. The thought (“Everyone is entitled to their own opinion, but not their own 47. As Mark Twain once put it, “Get your facts first, and then you can distort M K lated principles: factual accuracy; reporting in a reasonably balanced (that lated principles: factual accuracy; the context of events and is, comprehensive) manner; and understanding the Western journalist’s tradi- code words used to define them. Moreover, should be underscored and high- tional search for objectivity and balance intimidation or otherwise compromised lighted whenever it is threatened by in authoritarian societies. describe events more than by the events themselves? News reports are sup- than by the events themselves? describe events more Word choices can be not the pretexts of the actors. posed to record action, “freedom fighter,” If one person’s “terrorist” is another’s highly prejudicial. martyr, or a tumor a can render a suicide bomber a then like similarities wart. words–a world as much for the public opinions of the outside pitched battle as a struggle for territory. events in the Mid- However, coverage of current for both the international media and the dle East presents serious dilemmas countries caught in this conflict. “Moral Equivalency” representative. facts.”) has been attributed to the late Senator Daniel Patrick Moynihan. See http:// facts.”) has been attributed to the late Senator Daniel Patrick Moynihan. See haecus.wordpress.com/2008/03/21/everyone-is-entitled-to-their-own-opinion-but- not-their-own-facts/ them as much as you please.” See http://www.best-quotes-poems.com/facts- quotes.html what has come to be known as “moral equivalency”–thatwhat has come to be known as “moral is, reporting the if they were of equal merit–effectivelypositions of each side in a conflict as aggressor and victim.obfuscating any distinction between Although the concern for accuracy, in this case quest for balance can reflect a genuine that it may also be caused by fear and there is ample evidence to suggest 2009] one is entitled opinions, no to his or her own everyone has a right although facts. to manufacture \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 13 26-FEB-10 9:19 C Y 28003_jsa_1-2 Sheet No. 35 Side A 03/01/2010 12:09:36 A 03/01/2010 35 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 35 Side B 03/01/2010 12:09:36 M K C Y 50 , July . 1:139 VOL [ Haniyeh Oper- , “ The message thus Jerusalem Post 49 January 1, 2001, p. 26. , April 8, 2008 at p. 15; and Yaakov Katz 48 JOURNAL FOR THE STUDY OF ANTISEMITISM Jerusalem Post Perhaps the single most problematic choice of words in Mideast jour- Perhaps the single most problematic are often treated differently by Terrorist attacks against Israeli citizens Over much of the past decade, the Palestinian Authority (PA) has Authority the Palestinian of the past decade, Over much Israel, on the other hand, has often assumed a defensive position–that hand, has often assumed a defensive Israel, on the other 50. See, e.g., Tat, Mr. President,” Larry Derfner, “Tit for 48. in Middle East reporting, see For examples of alleged “moral equivalency” 49. See “Lights, Camera, Intifada: The Violence in the Stephanie Guttmann, ated Command Center Inside Shifa Hospital,” at p. Jerusalem Post, April 23, 2009 3. 30, 2009, p. 15; Gershon Baskin, “Creating a Culture of Peace in Israel and Pales- 30, 2009, p. 15; Gershon Baskin, “Creating a Culture of Peace in Israel and tine,” “Terrorists” v. “Militants” the perpetrators of violence that nalism concerns those used to describe in Israel and elsewhere.takes place frequently against non-combatants Par- “terrorist,” “militant,” and “extremists ticularly troublesome are the terms on both sides”–all contribute to a “cycle of violence,” of whom are said to implies equivalency. which itself is a phrase that strongly committed against other nationalities. the media than are similar atrocities C.A.M.E.R.A. at http://www.googlesyndicatedsearch.com/u/camera?domains’camera.org&sitesearch’camera.org&q’moral+quivalency. Mideast Has Become a War of Images, in Which the Press Is the Key to Victory,” The Weekly Standard, 152 of such a in during coverage factor that sets as by the fatigue bias, as well conflict. protracted and oppressed–effectively as dispossessed its constituents adeptly depicted and poignant sound bites by way of effective widespread sympathy eliciting exclaims PA get away with it?” our children and cannot shoot images. “You Saeb Erekat Ashwrawi in perfect English. Negotiator spokeswoman Hanan massacre of Palestinians by Israel.” decries the “daily \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 14 26-FEB-10 9:19 becomes, how can Israel want peace when its mighty army sends tanks Israel want peace when its mighty becomes, how can stone-throwers? against impoverished provocations and out have been due solely to physical its military responses of the need for security. slow to present in clear and simple It has been been under siege by its best arguments: that it has ways what many consider a century. movements for more than half Arab countries and It has been employs both its on how the Palestinian leadership unable to focus attention media as tools of incitement; on educational system and its communications serve as camouflage for machine- how rock-throwing teenagers sometimes ambulances are used as command-and- gun-firing militia; and on how PA weapons to demonstration sites. control vehicles to deliver troops and 28003_jsa_1-2 Sheet No. 35 Side B 03/01/2010 12:09:36 B 03/01/2010 35 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 36 Side A 03/01/2010 12:09:36 51 153 , available at 53 Myths and Facts Online: The Media BETRAYING TRUTH 52 Mitchell G. Bard, , January 4, 2004. See According to the BBC’s official producer’s manual, “Our credibility is BBC’s official producer’s manual, According to the the damage done to its cred- But the BBC apparently does not question In fact, the word “terrorist” is firmly forbidden at several major news- “terrorist” is firmly forbidden at several In fact, the word How is it that you make as a precondition of any talks . . .[that]How is it that you make as a precondition the Palestinians must end the violence. know yourself that you were You never capable of ending the violence. You couldn’t contain Hamas, Islamic Jihad. cannot stop that violence, If an army the size of Israel’s 52. Press posted a list of “recent terror In November 2003 the Associated 51. Words Like ‘Conflict,’ ‘Terrorist,’” Tom Fiedler, “Handle With Care: 53. See BBC Editorial Guidelines, available at http://www.bbc.co.uk/guide- M K attacks around the world,” which cited fifteen incidents during the previous five attacks around the world,” which cited years. were murdered in terrorist attacks, but In that period, more than 800 Israelis 24, not one of the incidents in Israel made the list. WorldnetDaily, (November 2003). Similarly, when AP released its Year in Photos 2003, six of the 130 photos of chosen related to human suffering in the Israeli-Palestinian conflict. All six were Palestinians. Miami Herald severely undermined if international audiences detect a bias for or against if international audiences detect severely undermined any of those involved. is key: even the word ‘terrorist’ Neutral language is no clear consen- in parts of the world where there can appear judgmental political groups.” sus about the legitimacy of militant deal further, occasionally assuming ibility when its reporting goes a good the role of Palestinian advocate.example, correspon- In March of 2001, for Palestinian spokesman Saeb Erekat dent Judy Swallow interviewed both Steinitz. With Erakat she spoke courte- and Israeli Knesset member Yuval ously and respectfully while discussing stone, shoot, and Palestinians who women, and children.bomb non-combatant Israeli men, But her manner Steinitz.changed abruptly when she addressed he pointed out that When of car bombs, she broke in sharply: Israeli cities were suffering a wave 2009] or “mili- such as “gunmen” benign labels, are assigned more Murderers woman deto- a Palestinian of 2003 when example, in October tants.” For 21 people in Haifa, killing beach restaurant in a crowded nated a bomb waged an said she had the Reuters account four children), (including the bomb- actions and that previous Israeli army in retaliation for “attack” militants.” to “rein in the officials had failed that Palestinian ing showed Broadcasting Cor- the Associated Press, the British gathering organizations: poration, and Reuters.can have bizarre consequences, such This protocol by terrorism and con- a list of countries afflicted as when the AP published Israel. spicuously omitted http://www.jewishvirtuallibrary.org/jsource/myths/mf23a.html#27. lines/editorialguidelines/advice/terrorismlanguage/ourapproach.shtm \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 15 26-FEB-10 9:19 C Y 28003_jsa_1-2 Sheet No. 36 Side A 03/01/2010 12:09:36 A 03/01/2010 36 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 36 Side B 03/01/2010 12:09:36 , M K C Y Case . 1:139 Washington VOL [ 54 –should on inter- not depend 55 375 (2005). NPR vigorously denies this crit- NPR vigorously 56 Eye on the Media: The BBC Goes to War Eye on the Media: The BBC Goes to widely considered among the most respected widely considered among the most What NPR cannot deny is the reality of the What NPR cannot deny is the reality 57 , June 10, 2003, available at http://article.nationalreview. JOURNAL FOR THE STUDY OF ANTISEMITISM New York Times, 58 A similar taboo appears to be firmly in place at both the A similar taboo appears to be firmly Use of the term “terrorism”–whichUse of the of vio- as “the use can be defined Yet National Public Radio likewise consistently refuses to call homici- Radio likewise consistently refuses Yet National Public how do you expect the small Palestinian Authority to do so? Authority small Palestinian the do you expect how and the 54. Andrea Levin, C.A.M.E.R.A., 56. When Is a Terrorist a Terrorist?,” Alex Safian, “NPR’s Terror Problem: 57. See http://www.camera.org/index.asp?x_context=4&x_outlet=28&x_article 58. NPR’s longtime reporter in the region, Linda Gradstein, has often been pil- 55. DIPLOMAT’S DICTIONARY 379 CHARLES W. FREEMAN, THE National Review Online 154 consid- other persons normally civilians or non-combatants, lence against of attracting for the purpose of military action illegitimate targets ered to be to join in, from the struggle forcing those aloof to a political cause, attention into concessions” or intimidating opponents Post newspapers in the United States. the term “militant” Both choose to use more neutral “gunman” or “fighter”) (occasionally preferring the somewhat instead of “terrorist”–even refer to members of groups formally when they by the United States State Depart- designated as “terrorist organizations” com/?q=NGRiNGEwOWQzYjhmY2VkMThjN2M4Y2UyZDdiZDM5YmM=./ =487. loried as overly sympathetic to the Palestinian position.very At first she appeared the willing to be interviewed for an article by the author, to talk either on or off record; but in the end she was constrained by her bosses back in Washington. They’re extremely sensitive about this. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 16 26-FEB-10 9:19 widespread perception in this context, including that by several members of widespread perception in this context, Congress. pretative consensus, but on violation of law.pretative consensus, Arguably, there is no more aggression against to describe suicide bombings or other appropriate word civilians. terrorism–although Arabs against Israeli civilians dal attacks by Palestinian of Al Qaeda and other term to describe the activities it regularly uses the around the world. radical Islamic groups icism, despite thoroughgoing documentation by various watchdog groups, documentation by various icism, despite thoroughgoing East Reporting in Committee on Accuracy in Middle most notably the America (C.A.M.E.R.A.). March 30, 2001, http://www.camera.org/index.asp?x_context’4&x_outlet’12&x_ article’335. see Alex Schmid, War Crimes Research (1994). For a list of other definitions, - The Definitional Problem, 37 Symposium: “Terrorism on Trial”: Terrorism Law Western Reserve Journal of International 28003_jsa_1-2 Sheet No. 36 Side B 03/01/2010 12:09:36 B 03/01/2010 36 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 37 Side A 03/01/2010 12:09:36 155 have reported reporters like- reporters Guardian Times Washington Post May 22, 2008, p. A21 (Those 60 and the 62 Freudian Projection at the Washington New York Times, “Occupations” BETRAYING TRUTH and New York Times avoids the more accurate words “terrorism” and words “terrorism” more accurate avoids the 61 Post While the While the 59 In June of 2008, a number of Qassam rockets landed in Sderot, causing number of Qassam rockets landed In June of 2008, a Similarly, both the On the same incident, the Associated Press wired a story headlined “Israel On the same incident, the Associated , July 11, 2008. 61.2008, http://w3.lexis.com/lawschoolreg/ BBC Monitoring Service, June 18, 62. Compare, e.g., Robert F. Worth and Nada Bakri, “Deal for Lebanese Fac- 59. See C.A.M.E.R.A., at http://www.googlesyndicatedsearch.com/u/camera? 60. See Eric Rozenman, C.A.M.E.R.A., M K researchlogin08.asp?t’y&fac’yes. Closes Gaza, Palestinians Fire Mortars”–inaccurately the mortars implying that of the other way around. Likewise omitted were in response to the closure, instead were facts that may have provided context. For example, the cease-fire agreement and not to the West Bank, where Israeli in question applied only to the Gaza Strip terrorists. The forces were free to operate against Palestinian the militant group Islamic Jihad, which said that Palestinian “rockets were fired by it was acting in response to the killing of one of its commanders in the occupied West Bank earlier that day.” The paper failed to make it clear that Israeli operations in the West Bank were not in violation of the cease-fire. tions Leaves Hizbollah Stronger,” include Hezbollah’s weapons and Lebanon’s relations with Syria, which ended its include Hezbollah’s weapons and Lebanon’s relations with Syria, which ended Anni- 29-year military presence here in 2005) and Elias Khoury, “For Israelis, An wise often dilute the deeds of Palestinian terrorist bombers by calling them bombers by of Palestinian terrorist dilute the deeds wise often “militants”–while the West Israeli victims in possible labeling whenever (as opposed to “civilians”). Bank as “settlers” injuries and considerable damage to buildings.injuries and considerable A BBC report entitled led with allegations Dialogue, Truce With Israel” “Hamas, Fatah, Discuss later, noted the of the cease-fire and, three paragraphs of Israeli violations the Israeli response. and mortar fire that precipitated Palestinian rocket equivalency between rocket and mor- Even then the report reflected a moral western Negev and the firing of warn- tar attacks on non-combatants in the wary of potential terrorist activities ing shots by an Israeli Defense Force near the border fence. domains’camera.org&sitesearch’camera.org&q’%22terrorist%22+vs.+%22militant %22. Post 2009] ment. “Truces,” “Cease-fires,” \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 17 26-FEB-10 9:19 habitually referred to Syria’s “presence” in Lebanon but to Israel’s “occupa- habitually referred to Syria’s “presence” Strip. tion” of the West Bank and Gaza “terrorist” in reporting attacks against Israeli non-combatants, it often uses non-combatants, against Israeli in reporting attacks “terrorist” when elsewhere, especially of similar events in its coverage those terms against Americans. such violence directed reporting C Y 28003_jsa_1-2 Sheet No. 37 Side A 03/01/2010 12:09:36 A 03/01/2010 37 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 37 Side B 03/01/2010 12:09:36 M K C Y 63 . 1:139 VOL [ 64 , July 8, 2008, p. 15. See Evelyn Gordon, “Israel’s , May 18, 2008, p. 13 (Israel’s . , June 8, 2006, p. 15. noted that “Caterpillar equipment noted that Jerusalem Post New York Times Jerusalem Post columnist Caroline Glick noted that the bull- columnist Caroline Glick noted that New York Times New York , July 3, 2008, p. 6. Jerusalem Post in 2000. Both cases, she added, drew apologies from the networks in 2000. Both cases, she added, drew 65 JOURNAL FOR THE STUDY OF ANTISEMITISM New York Times intifada Can the word “occupied” be fairly applied to a territory from which be fairly applied to a territory Can the word “occupied” In July of 2008, immediately following an incident in which a Pales- incident in which following an 2008, immediately In July of oppression of agency contrasted Israel’s supposed The Reuters news 65. According to both the League of Nations’ and the United Nations’ Palestine 63. Vehicle Into Traffic, Kill- Isabel Kershner, “Palestinian Rams Construction 64. attack elicited an apology from its The BBC’s coverage of the bulldozer has a special resonance among Palestinians. Human rights activists have Human rights Palestinians. resonance among has a special military vehicles to the Israeli selling its heavy company to stop lobbied the Palestinian homes, they have been used to demolish out of concern that occupied land.” construct Jewish settlements in uproot orchards and Mandates, Israel is the legitimate military occupational authority on the West Bank. Mandates, Israel is the legitimate military occupational authority on the West It is also a legitimate claimant to disputed territory versary; For Palestinians, a Nakba,” Israel made a unilateral withdrawal, as it did from the Gaza Strip in 2005? withdrawal, as it did from the Israel made a unilateral extensive authority, over which Israel still exercises Or to the West Bank, in 1967 and pending negotia- the result of a successful war of self-defense to U.N. Security Council Resolutions tions to resolve its status according 242 and 338? 156 tinian Arab in Jeru- on a public street to kill three Israelis used a bulldozer man’s outrage blamed the many news outlets injure dozens more, salem and The on “the occupation.” maltreatment of residents generally with its alleged West Bank and Gaza Gaza Strip and in “Unlike Palestinians in the blockaded Jerusalem Arabs: Jerusalem have free Bank, those living in occupied east the occupied West west of the city and to Israel.” access to the Jewish \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 18 26-FEB-10 9:19 continued occupation of the remaining portions of Palestine, in the West Bank and continued occupation of the remaining Gaza). ing 3,” news editor, who explained his decision not to air footage that showed the killing of news editor, who explained his decision the video images failed to strike the right the terrorist in the bulldozer, saying that editorial balance. attack on Israelis to be preserved on dozer attack was only the second Palestinian film—the days of the first was the bloody lynching of two IDF reservists in the first second the right editorial balance between that showed them. “To maintain the narratives impact on the program’s audience, is one the demands of accuracy and the potential the that engenders the belief that Israel is either morally indistinguishable from Palestinians, or that Israel is morally inferior to the Palestinians.” Caroline Glick, “The Media and Enduring Narrative,” Image–Why the All-Time Low?,” 28003_jsa_1-2 Sheet No. 37 Side B 03/01/2010 12:09:36 B 03/01/2010 37 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 38 Side A 03/01/2010 12:09:36 66 157 St. Louis HonestRe- Similar treat- gave far more 70 Times 69 put it on page ten. * , March 26, 2001, p. A10, with Times 67 BETRAYING TRUTH 68 New York Times , . , still one of the most influential newspapers in the world. newspapers of the most influential , still one tends to diminish the importance of violence against Israel tends to diminish the importance of , March 27, 2001. Times undertook a detailed examination of Middle East coverage by the East coverage of Middle a detailed examination undertook Between April and September of 2007, the media watchdog of 2007, the media April and September Between The Israeli and Palestinian actions were not treated consistently in choice actions were not treated consistently Israeli and Palestinian readers a fuller picture of news Important context that would give 66. See http://www.honestreporting.com/articles/45884734/critiques/new/New 67. Id. 68. Id. 69. Id. 70. Compare, e.g M K porting Times New York _York_Times_6_Month_Study.asp. by virtue of the way it places stories on a page.by virtue of the way it places stories in 2001, when For example, Shalhevet Pass was shot and killed by a a ten-month-old Israeli baby named story was carried on the front page of Palestinian sniper in Hebron, the many American papers, but the of language. Israel or its military forces were the subject of strongly or its military forces were the of language. Israel (90 percent). How- in eighteen out of twenty cases worded, direct headlines were responsible cases in which Palestinian combatants ever, in the twenty passive and the group responsible was for attacks, the language was mostly named only eight times. terms such as “militants,” “occupied events was often omitted. Politicized were used without explanation. For territory,” and “illegal settlements” usage can apply to non-violent activ- example, “militants” in Western ists–militant in the Middle East, it is environmentalists or traditionalists; is the military occupant and author- often a euphemism for terrorists. Israel status of the land is disputed.ity of the West Bank, but the legal The posi- that Jewish villages and towns in the tion of the U.S. government is not represent an obstacle to negotiations. West Bank are illegal, but that they primary relevant international law, the Israel has always insisted that the larger continues to Mandate for Palestine, assumed by the United Nations, recognize Jewish rights to “close settlements.” 2009] an evenly balanced be summarized as follows: Despite Its findings can on Israel and the Palestinians, the selection of stories text location, head- incidents in its news reporting, weight to Israeli military Palestinian selection than it did to unprovoked lines, and photograph to one side or the 60 percent of images sympathetic attacks. More than Palestinians. other favored the \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 19 26-FEB-10 9:19 Post-Dispatch C Y 28003_jsa_1-2 Sheet No. 38 Side A 03/01/2010 12:09:36 A 03/01/2010 38 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 38 Side B 03/01/2010 12:09:36 M K C Y own . 1:139 74 VOL Times’ [ 71 have provided similar forums. , C.A.M.E.R.A., August 20, 2001. relies on the argument that Hamas is the relies on the argument that Hamas has made numerous references to alleged has made numerous references to Los Angeles Times Times Times and Hamas: Politics, Charity, and Terrorism in the Service 72 grant the same editorial indulgence to al-Qaeda or grant the same editorial indulgence Lobbyists With a Cause Times ’ placement of editorial matter likewise betrays bias. In July likewise betrays of editorial matter ’ placement also gives op-ed space to leaders of Hamas, which is desig- also gives op-ed space to leaders of JOURNAL FOR THE STUDY OF ANTISEMITISM In so doing the Washington Post 73 Times Times and authenticity. Her views were immediately countered by Her views were immediately and authenticity. (New Haven: Yale University Press, 2006), noting that Hamas is a unitary Would the The The 71. Stories in New York Times Skewed Ricki Hollander, “Human Interest 72. Andrea Levin, 73. The 74. See Matthew Levitt, toward Palestinians,” C.A.M.E.R.A., 11, 2006. May See also Honest Reporting, Analysis,” available at“The New York Times: A Year-Long http://www.honestreporting.com/articles/45884734/critiques/new/The_New_York_Times_A_Year- Long_Analysis.asp of Jihad group, its “wings” part of the same whole). 158 two fourteen- murders of the brutal bludgeoning given a report of ment was an Israeli-American).Israeli boys (one year-old were Even those accounts by IDF gun- Arabs killed of Palestinian with the number “balanced” fire–suggestingof civilians targeting between the deliberate an equivalency and at. to being shot shooting in response soldiers opinion article by its published a lengthy front-page of 2001, the paper Deborah Sontag,Israel bureau chief, the suggesting that all the parties to to blame for their talks, not just Yasser Arafat, were Camp David peace failure. that her article was based Although Ms. Sontag acknowledged academics, and diplo- with “peace advocates, solely on conversations mats”–and from the Israeli the principals or with any participants not with side–its its impression of on page one contributed to prominent position gravitas as by the minister Ehud Barak, as well Israel’s former prime by the United States State Depart- nated as a Foreign Terrorist Organization European Union, Israel, and other ment, the United Kingdom, the countries. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 20 26-FEB-10 9:19 “legitimate and democratically elected Palestinian government,”and that its “legitimate and democratically elected from its “military wing.” “political wing” should be distinguished Osama bin Laden? In fact, no such distinction is made by Hamas itself–aOsama bin Laden? In fact, no such destruction and is filled with unadul- group whose charter calls for Israel’s been responsible for the murder of U.S. terated antisemitism, and which has Shalit, an Israeli soldier it captured in citizens in Israel. In the case of Gilad not bound by the Geneva Conventions 2006, Hamas also claims that it is no obligation to allow Red Cross visits because it is not a state (and thus has to Shalit). Although the William Safire–but pages at the their comments appeared on the opinion back of the first section. violations of international law by Israel, itviolations of international law by Israel, made no editorial mention of has 28003_jsa_1-2 Sheet No. 38 Side B 03/01/2010 12:09:36 B 03/01/2010 38 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 39 Side A 03/01/2010 12:09:36 159 , February ’s coverage 75 Post Baltimore Jewish has always referred to reported that “that com- Post Wall Street Journal Post ’s report injects editorial com- , July 24, 2008, p. A7. Post * 78 BETRAYING TRUTH Washington Post 77 76 , August 7, 2009, p. 32. Biased reporting sometimes employs subtle innuendo. employs subtle sometimes Biased reporting espe- This is Regarding Senator Obama’s unequivocal support for Jerusalem as Regarding Senator Obama’s unequivocal The article reporting on the trip included the statement that “Palestin- on the trip included the statement The article reporting By inverting cause-and-effect, the 77. See Bret Stephens, “The Sderot Calculus,” 76. See to Griff Witte and Dan Balz, “Obama Ends Mideast Swing With Vow 78. its military presence is the legitimate Israel has always maintained that 75. See Kenneth Lasson, “Is Gilad Shalit on the Radar?,” M K Syria’s former military occupation of Lebanon as a presence. Alia See, e.g., Wash- Ibrahim, “Presidential Election Has Lebanese Parties in a Bitter Struggle,” ington Post, September 24, 2007, p. A12. Back Israel, Peace Talks,” of President Barack Obama’s brief visit to Israel in July of 2008 (when he Obama’s brief visit to Israel in of President Barack often seen in its news exemplifies editorializing too was still a candidate) coverage. 26, 2008. and result of a successful war of self-defense, pending a final negotiated settlement, of this position has been supported by, among others, the U.S. and British authors Arab- U.N. Security Council Resolution 242 (1967), the keystone of subsequent Israeli negotiations. A noteworthy comparison: the cially true when political agendas seep into reportage.cially true when political The Israel’s “eternal, undivided capital” in his speech to the American Israel Israel’s “eternal, undivided capital” 2008, the Public Affairs Committee in June of and Obama quickly corrected ment drew sharp protest from Palestinians, that by undivided he meant a city not the statement at the time, saying Times ian gunmen in Gaza have long fired makeshift rockets at Sderot, typically have long fired makeshift rockets ian gunmen in Gaza Israeli-occupied West operations in the strip or the after Israeli military the Gaza Strip and the Israel’s military actions in Bank.” In fact, though, operations, either almost invariably counter-terrorism West Bank are Palestinian attacks as compared to unprovoked responsive or pre-emptive, terrorists fired more than 2,000 rockets against Israeli civilians. Palestinian of Sderot in the four years between from Gaza at the nearby Israeli town 2005, Israel had withdrawn all settlers 2004 and mid-2008; after September from the Strip. 2009] and human rights. law violation of international such a gross \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 21 26-FEB-10 9:19 ment, essentially favoring the Palestinians. story also refers to When the even though the legal status of that area “the Israeli-occupied West Bank,” remains in dispute, it takes sides. C Y 28003_jsa_1-2 Sheet No. 39 Side A 03/01/2010 12:09:36 A 03/01/2010 39 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 39 Side B 03/01/2010 12:09:36 , , M K 83 80 C Y . 1:139 VOL [ Now It Can Be Said: 79 81 82 C.A.M.E.R.A., ’s avoidance of the words “terror- likewise chooses to ignore Jordan’s likewise chooses Post See also Post ? fact–as In has been widely reported, even says has consistently chosen not to report from the has consistently chosen not to report Washington Post-Watch: Old Habits Die Hard, If At All One Land, Two People, and Dozens of Errors One Land, Two People, and Dozens , available at http://blog.camera.org/archives/2006/07/ Post , March 7, 2005. reported that Obama’s trip to Ramallah took him “past the trip to Ramallah took him reported that Obama’s JOURNAL FOR THE STUDY OF ANTISEMITISM –after began of Israel’s West Bank security barrier construction Post Post So too, the foreign desk has shown a general indifference to the news So too, the foreign desk has shown The Similarly inconsistent are the Meanwhile, the Why use the word “corrected” instead of “changed,” “amended,” or “changed,” “amended,” instead of the word “corrected” Why use 81. Id. 82. See, e.g., Scott Wilson, “Hezbollah to Protest U.S. Stance on Lebanon,” 79. Ends Mideast Swing with Vow to Back Dan Balz and Griff Witte, “Obama 80. See Rozenman, 83. See C.A.M.E.R.A. C.A.M.E.R.A., September 1, 2004, http://www.camera.org/index.asp?x_context’ C.A.M.E.R.A., September 1, 2004, 2&x_outlet’38&x_article’813. Washington Post potential of the United Nations’ failure to police south Leba- potential of the United Nations’ non–Hezbollah’s in violation of U.N. Security Coun- re-arming of its forces anti-Israeli, anti-Jewish incitement in cil resolutions; incessant Palestinian and the connections between Iran and violation of numerous agreements; July 24, 2008, p. A7. Israel, Peace Talks,” Washington Post, expulsion of all Jewish residents from eastern Jerusalem in 1948, and its residents from eastern Jerusalem expulsion of all Jewish institutions there.) than fifty Jewish synagogues and destruction of more 160 time.” as it was at one by barbed wire carved up “clarified”? barbed not carved up by of “a city Moreover, the description Jerusalem had fact that obfuscates the contextual was at one time” wire as it from 1948 to by Jordan during its occupation by barbed wire been divided 1967–which the city during the was removed when Israel reunified division 1967.Six-Day War of (The \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 22 26-FEB-10 9:19 ism” and “terrorist” in reporting attacks against Israeli non-combatants, but ism” and “terrorist” in reporting attacks similar events elsewhere–asusing those terms when covering well as its “presence” in Lebanon but to Israel’s longstanding references to Syria’s Gaza Strip. “occupation”of the West Bank and available at http://www.camera.org/index.asp?x_context=2&x_outlet=38&x_article =1374 Syria-Occpied Lebanon now_it_can_be_said_syria_occup.html system of checkpoints and barrier walls that Israel has built in what it says and barrier walls that Israel has system of checkpoints attackers from the suicide bombers and other would-be is an effort to thwart West Bank.” What Israel in the Sderot or to publish a detailed account besieged southern Israeli town of terrorist rocket fire in that area. about the effects of incessant Palestinian in 2002, terrorist attacks declined dramatically. in 2002, terrorist 28003_jsa_1-2 Sheet No. 39 Side B 03/01/2010 12:09:36 B 03/01/2010 39 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 40 Side A 03/01/2010 12:09:36 161 Eye on the likens Israeli , February 19, 2001, 85 84 , November 4, 1992, http:// The Guardian 89 , available at http://www.camera.org/ * * 86 BETRAYING TRUTH Washington Post-Watch: Palestinians vs. Palestinians? The Washington Post-Watch: Palestinians NPR Bias Persists A Study in News Manipulation New CAMERA Study Blasts NPR Bias A Record of Bias: NPR’s Coverage of the Arab-Israeli Con- A Record of Bias: NPR’s Coverage of 88 87 , C.A.M.E.R.A., August 5, 2008, http://www.camera.org/index.asp?x_ stated aims to destroy Israel, Jews, and Judaism, besides its opposi- Israel, Jews, and Judaism, besides stated aims to destroy tion to the peace process. Sheik Ahmed Yasin (the It characterized deadly terror- to be responsible for numerous Hamas leader known as “a spiritual leader.” ist attacks) simply military outpost,” while Jewish rioters were described as engaging while Jewish rioters were described military outpost,” in “mob-style aggression.” fact it is an integral part of the occupied east Jerusalem” when in city. As noted earlier, on more than one occasion, the British Broadcasting As noted earlier, on more than one National Public Radio’s coverage of the Middle East regularly mini- East regularly of the Middle Public Radio’s coverage National • group’s Hamas, NPR declined to mention the In a story about • at an Israeli were depicted as “lobbing stones Palestinian rioters • called “a settlement built in The Jewish neighborhood of Gilo is coverage on the Middle East, In a recent six-month period of intensive , available at http://www.camera.org/index.asp?x_article=75&x_context=4. 86. C.A.M.E.R.A., 84. Eric Rozenman, 85. C.A.M.E.R.A., 87. C.A.M.E.R.A., 88. C.A.M.E.R.A., 89. See supra note 54 and accompanying text. [Andrea Levin, M K index.asp?x_context=4&x_outlet=28&x_article=281 Company’s reportorial style has given the appearance of not-too-subtle Company’s reportorial style has of view. advocacy for the Palestinian point mizes or omits Palestinian incitement and aggression, blames Israel for incitement and aggression, mizes or omits Palestinian without challenge and repeats Palestinian grievances much of the violence, or response. A few examples: Post Is Mute context’2&x_outlet’38&x_article’1520. not one of NPR’s 278 segments was devoted to the strategic significance of not one of NPR’s 278 segments was discussed the military significance of the West Bank, and only one report Golan Heights. 2009] including Hamas. terrorist groups, the Palestinian \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 23 26-FEB-10 9:19 flict available at http://www.camera.org/index.asp?x_context=4&x_outlet=28& x_article=85. www.camera.org/index.asp?x_print’1&x_context’6&x_article’212. C Y 28003_jsa_1-2 Sheet No. 40 Side A 03/01/2010 12:09:36 A 03/01/2010 40 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 40 Side B 03/01/2010 12:09:36 M K C Y The . 1:139 London New York VOL [ The Guardian , named Muhammad al- 90 New York Times , C.A.M.E.R.A., March 30, 2001, http://www.cam- Inaccurate Reporting of Events Inaccurate Reporting ’s online section titled “Israel and the Palestinians” ’s online section 92 JOURNAL FOR THE STUDY OF ANTISEMITISM 91 could have noted, for example, that Israel is a parliamentary that Israel noted, for example, could have observed: Guardian , August 13, 2008. October 2, 2000, p. 12. The incident occurred on September 30, 2000. See After the outbreak of the “al-Aqsa intifada” in September 2000, the After the outbreak of the “al-Aqsa The image quickly became iconic. the shooting Photographs of The For all of the claims of the prime minister, Ehud Barak, and other offi- For all of the claims of the prime minister, Israeli lives, Mohammed’s cials that their soldiers only fire to protect death seems an irrefutable reply. images of al-Durah and his son The have been emotive enough if, as cowering, vainly, behind a barrel would in the crossfire between Israeli first reports suggested, they were caught 90. Liz McGregor, “Israel Should Learn from the Boers,” 91. Solomon, “Hamas Military Wing One of The Guardian’s Useful Links,” 92. William A. Orme, Jr., “A Young Symbol of Mideast Violence,” Media: The BBC Goes to War Checks, Lies, and Videotape East news was that of a terrified most striking initial image in Middle the crossfire at a Gaza flashpoint.twelve-year-old Arab boy caught in The frightened youngster, reported the gunfire, and then slumping lifeless into Dura, was seen “trapped by Israeli his father’s lap.” around the world.appeared on the front pages of newspapers The Guardian era.org/index.asp?x_print’1&x_context’6&x_article’335.] (London), May 17, 2001, p. 21. Solomonia 162 context. supplying South Africa without that of apartheid society to Guardian freely attack where they serve in the Knesset that Arab parties democracy; that no bans on intermarriage; that there are and leaders; Israeli policies Court has Israel’s Supreme students; or that are open to Arab universities housing and jobs. discrimination in forbidden to “Hamas military of its “useful links” a reference includes as one wing”–which Al-Qassam the English-language site of “Ezedeen is actually of the Islamic Resis- describes itself as “the armed branch Brigades,” which are actively involved (Hamas).” Members of this faction tance Movement Israeli civilians on some have the blood of innocent in terrorist acts, and their hands. Times, also infra notes 124-142 and accompanying text. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 24 26-FEB-10 9:19 28003_jsa_1-2 Sheet No. 40 Side B 03/01/2010 12:09:36 B 03/01/2010 40 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 41 Side A 03/01/2010 12:09:36 94 163 June occurred , October 3, The Atlantic, intifada London Guardian 95 , November 27, 2000, p. 8. BETRAYING TRUTH The IDF investigation was not widely reported in The IDF investigation was not widely 96 New York Times , October 20, 2000. 93 Two months later, an official army investigation, which included sche- Two months later, an official army The newspaper photos and video clips left important questions unan- and video clips left important The newspaper photos A Palestinian cameraman working for a French television network French television working for a cameraman A Palestinian In the following week, other killings related to the In the following week, other killings soldiers and Palestinian police or protesters.police or and Palestinian soldiers by the end of the week- But the conclusion: that to a still more chilling was pointing end the evidence Israeli targeted by were deliberately boy and his father 12-year-old soldiers. 95. See James Fallows, “Who Shot Mohammad al-Dura?” 93. Suzanne Goldberg, “Making of a Martyr,” 96. William A. Orme, Jr., “Israeli Army Says Palestinians May Have Shot Pal- 94. Kahled Abdullah al-Fayez, “$100,000 Given to Father of Martyr Child,” M K matic diagrams of the lines of fire, second-by-second analyses of crucial matic diagrams of the lines of fire, and aerial photographs of the site, con- portions of the French videotape, possibility” that the boy “was hit cluded that there was “a very reasonable by Palestinian gunfire.” swered: How had the boy and his father come to be in the midst of the the boy and his father come to swered: How had struck him?an Israeli or a Palestinian bullet that shooting? Was it did How to photograph it? find himself so well situated one Palestinian stringer If or military, sought that day from the Israeli government any response was none was published. Israeli Defense A brief radio dispatch noted that the but said that none of its officers or Forces expressed regret for the shooting, were hidden from the Israeli line of soldiers saw the father and son, who from a building. (The statement sight by a concrete abutment protruding made no reference to the fact that were positioned Palestinian gunmen firing machine guns at the IDF–whichbehind the father and son and were the video clip failed to show.) 2009] few days a snippet on videotape, and over the next captured the incident and international of times by local and regional stations was aired hundreds networks. that to the boy’s father, saying A Saudi prince gave $100,000 about the barbaric spark which made the world know “al-Durah was the unarmed civilians.” out by the Israeli aggressors against acts being carried \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 25 26-FEB-10 9:19 the Western press. 2003. estinian Boy,” that were just as shocking as the al-Dura case.that were just as shocking as the al-Dura Israeli reservists had Two strayed into a Palestinian roadblock. and taken to the They were seized Ramallah.Palestinian police headquarters in of their pres- A mob learned where they were being held, murdered ence, stormed the small building 2000, p. 2. Saudi Gazette C Y 28003_jsa_1-2 Sheet No. 41 Side A 03/01/2010 12:09:36 A 03/01/2010 41 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 41 Side B 03/01/2010 12:09:36 , M K C Y . 1:139 VOL [ 99 101 97 ran a cover story by James Fal- The union also warned the Associated The union also warned 98 October 13, 2000, p. A1. 100 Atlantic Monthly Journalists Describe Constant Palestinian Intimidation JOURNAL FOR THE STUDY OF ANTISEMITISM Philadelphia Inquirer, Fiamma Nirenstein, a veteran Italian journalist and Jerusalem corre- Fiamma Nirenstein, a veteran Italian It was not long before the image of Muhammad al-Dura resurfaced. the image of Muhammad al-Dura It was not long before the Israeli reservists received much Besides the fact that the murder of In June of 2003, the The incident had been videotaped by an Italian television network, Italian television by an had been videotaped The incident 97. See Barbara Demick, “Wrong Turn Took Soldiers Into Angry Crowd’s 98. Judy Lash Balint, 99. See Fallows, supra note 95. 100. E.g., the avenue in Cairo where the Israeli Embassy is situated was renamed 101. Fallows, supra note 95. Clutches,” spondent (and now a member of Parliament), suggested that the failure spondent (and now a member of went well beyond simple media bias. images of the al- Using the repeated journalists, she wrote, reflected con- Dura tragedy, certain intellectuals and temporary antisemitism: EretzYisroel.org http://www.eretzyisroel.org/~jkatz/intimidation.html. Muhammad al-Durrah Street. Orme, supra note 96. The video of his apparent death continued to be televised throughout Arab- death continued to be televised The video of his apparent hatred. and Europe, inciting anti-Israel Islamic countries The boy’s bed in Amman, Jordan, interviews from his hospital wounded father, giving celebrity.became a regional and songwriters composed dozens Arab poets in the boy’s honor; memory; postage stamps were issued of tributes to his streets were named after him. in the coverage of the al-Dura incident less media attention, noticeably lost that strongly suggested that the boy was the surfacing of empirical evidence could not have been shot by the IDF. 164 window to out of a second-floor bloodied body threw at least one them, and to rip it apart. who proceeded rioters below, feed. it to an international which released on world- tape was shown The his bloody raising of one of the demonstrators, A still photo wide television. was published widely.hands in exultation, The Palestinian Journalists’ which promptly apolo- reproach to the Italian network, Union issued a stern Authority. gized to the Palestinian \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 26 26-FEB-10 9:19 Press bureau in Israel that if its coverage did not improve, the group would that if its coverage did not improve, Press bureau in Israel measures against AP staffers.” adopt “all necessary lows, a respected investigative journalist, analyzing the incident in great lows, a respected investigative journalist, detail, and concluding that al-Dura–if he died at all–was most likely the gunmen.victim of an errant gunshot from Palestinian reported that Fallows alleged shootings near the site of the al- Palestinian Arabs had staged some stringer for French television, of all Dura incident, and only the Palestinian the footage. the cameramen nearby that day, got 28003_jsa_1-2 Sheet No. 41 Side B 03/01/2010 12:09:36 B 03/01/2010 41 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 42 Side A 03/01/2010 12:09:36 , 105 165 Independent (London), April 16, 104 The Independent all quoted the same lone Arab, who September 3, 2003. BETRAYING TRUTH London Times 102 103 , April 23, 2002, p. 12. reported that hundreds of victims “were buried by bulldozer reported that hundreds of victims “were , and the National Jewish Post & Opinion, The harshest criticism appeared in the British press. The The harshest criticism appeared in In the Arab-Israeli media over the past five years, perhaps no phrase media over the past five years, In the Arab-Israeli Israel Defense Forces invaded a In April of 2002, shortly after the Perhaps even more egregious than the inaccurate reporting of the al- egregious than the inaccurate reporting Perhaps even more Telegraph Europe could finally forget the famous picture of the boy in the Warsaw boy in the of the picture the famous forget could finally Europe statement . . . is obliter- The meaning of this his hands raised. ghetto with . . . Israel and Nazism. the overlapping of Holocaust through ation of the Pales- investigation, the blindly, without pretending to believe It means it of many, many others; episode and of a highly disputed tinian version Palestinian spokesper- “atrocities” that the for granted the means taking that doesn’t and ignoring every proof or fact sons always talk about, serve this position. Telegraph M K 103. See infra notes 124-142 and accompanying text. 104. John Kifner, “Annan Picks Team to Examine Camp Attacked by Israel,” 105. “Jenin Camp ‘Horrific Beyond Belief,’” BBC News, April 18, 2002, http:// 102. on Jews, Israel, and Anti-Semi- Fiamma Nirenstein, “A Former Communist said he saw Israeli soldiers heap thirty bodies beneath a half-wrecked said he saw Israeli soldiers heap they bulldozed the building, bringing house: “When the pile was complete, they flattened the area with a tank.” its ruins down on the corpses. Then New York Times news.bbc.co.uk/2/hi/middle_east/1937387.stm. of Phil Reeves, “Amid the Ruins Jenin, the Grisly Evidence of a War Crime,” 2002, p. 1. tism,” The The “Massacre at Jenin” The “Massacre at than the “massacre at Jenin.” has become more of a lighting rod to the West Bank city of Jenin, a Palestinian refugee camp area adjacent Terje Roed-Larsen, the UN’s special report came out over the wire that event, which he described as “horrific envoy in the region, witnessed the widely in the international press, beyond belief.” His views were quoted and their supporters as evidence of and trumpeted by Palestinian Arabs Israeli brutality. that Israel PA leaders, among them Saeb Erekat, charged had massacred at least 500 Palestinians. its way from the That figure made Security Council, which immediately Cable News Network to the UN killings. demanded access to the site of the 2009] the landmark libel case the almost total non-reporting of Dura incident was rise. to which it gave \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 27 26-FEB-10 9:19 the C Y 28003_jsa_1-2 Sheet No. 42 Side A 03/01/2010 12:09:36 A 03/01/2010 42 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 42 Side B 03/01/2010 12:09:36 M K C Y . 1:139 VOL The Guardian [ called Israel’s Cleveland Plain The Independent Guardian Israeli Media Group Gives Dis- The asserted, “We are talking here “We are talking asserted, 107 January 1, 2003, http://w3.lexis.com/law- 108 a pitched battle near but not in Jenin. It took Evening Standard Evening ews, transcript #040814CN.V74, April 8, 2002. The 109 had been 106 110 CNN N JOURNAL FOR THE STUDY OF ANTISEMITISM April 15, 2002, p. 13. , May 5, 2002, p. H3. When the facts finally did emerge a few days later, virtually no correc- When the facts finally did emerge a story-tellers. One of the few excep- The British press were the primary In fact, there Many of the reports of the supposed Israeli atrocities in Jenin came atrocities in Jenin supposed Israeli the reports of the Many of There’s almost a massacre now taking place in Jenin. Helicopter gunships now taking place in Jenin. Helicopter There’s almost a massacre almost 15,000 at one square kilometer packed with are throwing missiles watch what camp. . . . Just look at the TV and watch, people in a refugee the—whata war crime, clear war Israel forces are doing. . . . This is the preventing the whole world, preventing ambulances, crime, witnessed by against the buried. I mean this is an all-out assault people from being whole population. 106. See BBC Monitoring International Reports, 107. A. N. Wilson, “A To Ignore,” Demo We Can’t Afford 108. Happened in Jenin?,” “The Battle for the Truth: What Really 109. Paula Zahn, “In Mideast, Talk of Peace Does Nothing to Quiet Israel Mili- 110. The military casualties would have been much fewer and the civilian death tion or apology was made by the media that had reported a “massacre”; tion or apology was made by the documented truth.there was no acknowledgment of the Thus for many, the of the Israelis remains indelible. image of a slaughter at the hands place in the refugee camp, over several days, during which there was house- place in the refugee camp, over several and members of Palestinian militia. to-house fighting between Israeli troops killed, as well as fifty-five Pales- Twenty-three Israeli soldiers were tinans–of gunmen. (These figures were later whom fifty-two were armed and, more recently, the Palestinian confirmed by both the United Nations Authority itself.) schoolreg/researchlogin08.asp?t’y&fac’yes. 166 grave.” in [a] mass by National Public sources, but all were parroted from various Palestinian was the description others in the Western media. Typical Radio, CNN, and to the United al-Kidwa, Palestinian representative of events by Nasser Nations, on CNN: honest Reporting Award to UK Media, (London) (London), April 17, 2002, p. 17. tary Offensive,” \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 28 26-FEB-10 9:19 actions in Jenin “every bit as repellent” as Osama Bin Laden’s attack on Osama Bin Laden’s as repellent” as Jenin “every bit actions in 11th. on September New York of massacre, and a cover-up, of genocide.” and a cover-up, of massacre, toll much higher had the IDF chosen to subject Jenin to aerial bombardment. See Charles Krauthammer, “Decrying A Massacre That Wasn’t,” Dealer, 28003_jsa_1-2 Sheet No. 42 Side B 03/01/2010 12:09:36 B 03/01/2010 42 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 43 Side A 03/01/2010 12:09:36 , the 111 167 112 Independent What had been What had (London), May 8, –were picked up by 113 February 24, 2008. , Daily Standard. The Daily Standard was another exception: The The American Thinker BETRAYING TRUTH Guardian were quick to denounce Israel and made sensational accu- were quick to denounce Israel and made Times and the In the first five months of 2008, the non-governmental organization In the first five months of 2008, Article 33 of the Fourth Geneva Conventions (1949) established col- Fourth Geneva Conventions (1949) Article 33 of the M K 111. Richard Starr, “The Big Jenin Lie,” 112. by various incidents in the 20th cen- These conventions were engendered 113. See generally NGO Monitor, available at http://www.ngo-monitor.org/ labeled “the massacre of the 21st century” was a lie, he wrote, “concocted was a lie, he wrote, 21st century” massacre of the labeled “the for local consumption–tonot only whipped up people keep the Palestinian frenzy–but Israel-hating in a patriotic, West.” for export to the mostly known as Human Rights Watch issued thirteen statements condemning known as Human Rights Watch Israeli civilians launched from the Gaza Israel’s response to attacks against Strip. These statements–which observers reflect a political agenda, to some repeat incomplete or false misinterpret international legal terminology, omit or minimize deliberate Hamas analyses of international law, and which humanitarian aid is trans- attacks at Israeli border crossings through aid by Hamas) ferred (as well as the diversion of this 2009] the London’s Richard Starr of tions was “Collective Punishment” responsibility: as a war crime, emphasizing individual lective punishment he or she has not may be punished for an offence “No protected person all measures of Collective penalties and likewise personally committed. prohibited. Reprisals terrorism are prohibited. Pillage is intimidation or of Article 52 of persons and their property are prohibited.” against protected 1977) similarly states, Additional Protocol I (adopted in the Convention’s of reprisals.” shall not be the object of attack or “Civilian objects \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 29 26-FEB-10 9:19 2002. Sharon Sadeh of the Guardian sations based on thin evidence, fitting a widely held stereotype of a defiant, brutal, sations based on thin evidence, fitting and don’t-give-a-damn Israel. Reinhard Heydrich was killed in the tury. On May 17, 1942, SS Obergruppenfuhrer a bomb thrown by Free Czech agents trained suburbs of Prague, Czechoslovakia by (the commander of invading forces) in England. Although the killing of Heydrich in response, the Gestapo and the SS killed was clearly legal under international law, involved in the plot. In addition, 3000 Jews over 1000 people suspected of being (Theresienstadt, created by Heydrich) for were deported from the ghetto at Terezin Jews were ordered executed on the day of immediate extermination. In Berlin, 152 Czech Heydrich’s death. On June 10, 1942 Lidice was ordered destroyed. All 172 name men and boys over 16 were shot. The village itself was then razed and its minds removed from German maps. These and similar atrocities were fresh in the of international diplomats after the end of the War. See Michael I. Krauss, “Collec- tive Punishment and Newspeak,” search.php?query=Human+Rights+Watch&x=24&y=3. C Y 28003_jsa_1-2 Sheet No. 43 Side A 03/01/2010 12:09:36 A 03/01/2010 43 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 43 Side B 03/01/2010 12:09:36 M K 116 C Y . 1:139 VOL [ 115 Washington Post Knotted editorials over the years have criti- editorials over the Globe reserve the phrase almost exclusively for the phrase almost reserve See also Eric Rozenman, editorials over the years have criticized the punish- editorials over the years have criticized . October 3, 2008, available at http://www.ngo-moni- 114 editorials going back to December 1992 reveals that the Globe Globe , C.A.M.E.R.A., March 24, 2004. Boston Globe JOURNAL FOR THE STUDY OF ANTISEMITISM , Selective Use of Derogatory Terminology in Boston Globe Editorials, In fact, collective punishment by Arab governments or movements punishment by Arab governments In fact, collective from various Israeli actions These events can easily be distinguished Many Western newspapers and other media both misuse the term “col- both misuse the term and other media newspapers Many Western 114. Too Quick to Accept NGO Reports,” See, e.g., Alex Brummer, “Papers Are 115. While numerous 116. Id. Jewish Chronicle (London), tor.org/article.php?id=2099. phrase “collective punishment” has referred almost exclusively to Israel. Myron Kaplan C.A.M.E.R.A., July 22, 2006 Up Over Terrorism against other Arabs is seldom noted by the media, let alone collective pun- is seldom noted by the media, let against other Arabs non-Arab minorities.ishment against War For example, the Algerian began in 1992 and and Muslim fundamentalists between the government 100,000 people, mostly non-combatants. resulted in the deaths of more than their Jewish populations in reprisal for Arab states expelled the majority of the 1948-1949 War of Independence. Israel’s successful self-defense in or editorially condemned. Little of this was widely reported punishment.”that have been labeled “collective reduction of fuel Israel’s Strip, for example, was called a contem- and electricity exports to the Gaza In a lawsuit filed by Israeli and porary instance of collective punishment. Israel’s Supreme Court, these organi- Palestinian civil rights groups before to make Israel end fuel restrictions that zations asked the Supreme Court Strip. Both the activists and representa- caused power blackouts in the Gaza the Security Council charged that the tives of many state members of ment of populations–non-Arabs gov- in Sudan at the hands of the Arab controlled ernment, Iraqi Kurds and Shiites at the hand of Serbians by NATO air-power, Saddam–none in of the commentaries used the phrase “collective punishment” characterizing repeated, random attacks on non-combatant populations by governments. A search of 168 media. the independent way. it in a discriminatory and apply lective punishment” example, For in the editorials mortar attacks rocket and frequent Palestinian and not for Israeli actions, of Israeli cities and or Hezbollah’s 2006 bombardment from the Gaza Strip civilian centers. While numerous of populations–non-Arabscized the punishment at the hands of in Sudan government,the Arab-controlled by NATO air-power, Iraqi Serbians at the hand of Saddam–noneKurds and Shiites commentaries used of the repeated, random punishment” in characterizing the phrase “collective populations by governments. attacks on non-combatant \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 30 26-FEB-10 9:19 28003_jsa_1-2 Sheet No. 43 Side B 03/01/2010 12:09:36 B 03/01/2010 43 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 44 Side A 03/01/2010 12:09:36 169 117 118 published an article Washington Post 119 BETRAYING TRUTH Failure to Correct Misreported Facts Israel’s response to the terrorizing, wounding, or murder of its civil- Israel’s response to the terrorizing, Israel’s treatment of non-combat- Likewise unreported is the fact that This claim misleadingly conflates a failure to aid with active criminal to aid with active a failure misleadingly conflates This claim On December 20, 2007, the M K 117. Id. made no effort to prevent Gaza from receiving electricity Israel has 118.trade with Iran after that country commit- Id. The United States legally froze 119. See, e.g., U.S. Department of State, “2008 Human Rights Report: Israel and from Egypt. Article 49 of the Geneva Conventions clearly does not outlaw acts from Egypt. Article 49 of the Geneva area. such as restriction of supplies to an enemy-controlled pre- ted an act of war against the USA during the 1979 Islamic Revolution. Even vention of access of goods coming from third parties is not collective punishment: the U.S. blockade of Cuba after it installed nuclear missiles was not a collective Id. punishment of the Cuban people, but a non-violent act of war in self-defense. citi- the Occupied Territories” (Israel “generally respected the human rights of its zens”), available at http://www.state.gov/g/drl/rls/hrrpt/2008/nea/119117.htm. ians–a in its own right–has kind of collective punishment been to target law.perpetrators of such violations of international the clear difference Yet punishment is seldom reflected in media between legal force and collective coverage of the conflict. with international law than that ants in a hostile populace is more consonant of many of its Arab neighbors. 2009] 1.4 mil- of Gaza’s estimated punishment constituted collective restrictions Convention. Fourth Geneva and violated the lion people harm. Israel launched daily against of war are is ignored: Acts Context Strip in 2005, from the Gaza Israel withdrew Gaza. Since from Hamas-run Israeli cities–first and shells have been fired against more than 6000 rockets and more recently at about two miles from the Strip, especially at Sderot, centers twenty and Ben Shira, major Israeli population Ashkelon, Ashdod, miles distant. punishment forbids the imposition The doctrine of collective or death) on some peo- penalties (e.g., imprisonment of criminal or military by others.ple for crimes committed cessation of trade with a country The a criminal or military such as the Strip is not inflicting or hostile entity to objects of trade its residents, who have no entitlement penalty against all yet purchased.that they have not a electricity withheld from sale was The $500 million worth continues to export approximately military tool. (Israel into the Gaza Strip each year.) of goods and services \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 31 26-FEB-10 9:19 headlined “For Israel’s Arab Citizens, Isolation and Exclusion” by its Jeru- headlined “For Israel’s Arab Citizens, that Arabs other than Druze were salem bureau chief, Scott Wilson, stating C Y 28003_jsa_1-2 Sheet No. 44 Side A 03/01/2010 12:09:36 A 03/01/2010 44 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 44 Side B 03/01/2010 12:09:36 M K C Y and . 1:139 asked that VOL [ declined.Its ’s ombudsman Post Post Los Angeles Times Post A reader pointed out A reader Washington Times 120 123 121 had been informed that thousands of had been informed The ads noted that the Post 122 December 20, 2007, p. A1. Insisting on an Error: The Washington Post - Infallible, or subscribes, requires journalists to “be accountable [and] subscribes, requires journalists to , C.A.M.E.R.A., April 23, 2008. JOURNAL FOR THE STUDY OF ANTISEMITISM Post Washington Post, Yet the Code of Ethics of the Society of Professional Journalists, to Yet the Code of Ethics of the Society C.A.M.E.R.A. subsequently published ads headlined “The Washington C.A.M.E.R.A. subsequently published Reporting about Israel and the Middle East is an important but thank- and the Middle East is an important Reporting about Israel Washington Jewish Week. 121. Eric Rozenman, 122. Id. 123. The comparison between non-Druze/non-Bedouin Arab soldiers and Israeli 120. had corrected a similar error, and that other news media had reported the had corrected a similar error, and Howell acknowledged that the IDF does matter accurately. In response, Ms. of about 1.2 million Israeli Arabs,” have about 400 non-Druze Arabs “out a correction.but still pointedly refused to print The concluded that “it would have been better if Wilson had qualified concluded that “it would have ‘excluded’ and mentioned the Bedouin.” Just in Denial? be Arab society at large is inappropriate; the more relevant comparison would between the number of active non-Druze Arab soldiers and the entire standing army–nearly 1,500 out of 170,000. Id. the which the Post Refuses to Correct Key Error on Israel” in the Post Refuses to Correct Key Error 170 Forces. Israel Defense from serving in the excluded means catching flak a Middle East reporting assignment less task; getting stories through their pro-Arab groups who often see from pro-Israel and own lenses. Although the . . the name of one Arab.”Leibowitz “give . of She replied with the names just since 2000, and soldiers killed in the line duty three Israeli Arab referred to five others. \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 32 26-FEB-10 9:19 scouts and in the Israeli military as reconnaissance Bedouin have served insisted only a few did so–astrackers, the paper “spies.” Excluding the non-Arab and only “spies”), Bedouin (as somehow admit mistakes and correct them promptly.” that many Israeli Bedouins, who are Arab Muslims, have indeed been mem- have indeed who are Arab Muslims, Israeli Bedouins, that many volunteers. Christian Arab IDF, as have some bers of the asked The reader desk for a correction. foreign the newspaper’s The ombudsman, Deborah Howell, wrote an explanation in a column entitled, in a column wrote an explanation Deborah Howell, ombudsman, Word?” Wrong “Was ‘Excluded’the 28003_jsa_1-2 Sheet No. 44 Side B 03/01/2010 12:09:36 B 03/01/2010 44 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 45 Side A 03/01/2010 12:09:36 126 171 , August Jerusalem Post See also supra notes 92-103 July 7, 2008. Ms. Moutet is a . , The Weekly Standard BETRAYING TRUTH Non-Reporting of Events Non-Reporting , with photographs of the “child martyr” appearing on , with photographs of the “child martyr” 125 intifada Karsenty v. Enderlin, Court of Appeals of Paris, 11th Chamber, Section Karsenty v. Enderlin, Court of Appeals 124 See Several media watchdogs and bloggers, however, refused to let the Several media watchdogs and bloggers, In the ensuing eight years, the sympathetic figure of Muhammad al- In the ensuing eight years, the sympathetic In the case of Muhammad al-Dura, it was no surprise that Charles al-Dura, it was no surprise In the case of Muhammad Perhaps the most noteworthy event to go virtually unreported was the unreported event to go virtually most noteworthy Perhaps the This was caused partly by Enderlin Others, however, had their doubts. M K 124. 126. To fully understand the scale of the journalistic failure here, it helps to keep 125. Even Israeli authorities at first took the French report at face value. See Bret A, available at http://www.debriefing.org/26492.html Dura cowering beside his distressed father became the defining image of Dura cowering beside his distressed the second 2009] the state-run France 2 Jerusalem correspondent for Enderlin, the longtime to have hastily pieced the 59-second news report, appears TV, who released it had been sup- footage of the incident even though together sensational regular Palestinian stringer.plied by the channel’s Given the nature of the as contemporary cus- such haste might be explained news business today, that Enderlin had not More disturbing, perhaps, was tom of the trade. bullets had, in fact, killed thesought to verify whose boy—if, indeed, the shortly after the initial staged (a possibility suggested event had not been news coverage). \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 33 26-FEB-10 9:19 and accompanying text. follows is adapted from Anne-Elisabeth The account that Moutet, “L’Affaire Enderlin,” The Landmark Case in France (“L’Affaire Enderlin”) (“L’Affaire Case in France The Landmark libel trial in al-Dura affair, particularly a landmark fallout from the France. and street signs throughout the Muslim posters, websites, postage stamps, world. flatly declined to provide the complete and his superiors themselves, who that afternoon by the cameraman, or twenty-seven minutes of footage taken to concede any possibility of error. before Enderlin It was two years at which time he explained that he had allowed himself to be interviewed, he had wanted to protect his sources.refused to provide the tape because In by the French television hierarchy. fact, his decision had been supported the Palestinian Authority (while regu- Moreover, his coverage of Israel and was highly esteemed by his peers. larly criticized by pro-Israeli groups) political journalist based in Paris. Stephens, “Eye on the Media: Department of Corrections,” 23, 2002. a mis- in mind that in France it is comparatively difficult to take responsibility for C Y 28003_jsa_1-2 Sheet No. 45 Side A 03/01/2010 12:09:36 A 03/01/2010 45 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 45 Side B 03/01/2010 12:09:36 M K C Y . 1:139 March 27, VOL [ , who was investi- Jerusalem Post, Le Monde Another was Philippe Karsenty, Another was Philippe 127 128 JOURNAL FOR THE STUDY OF ANTISEMITISM That would prove to be the major turning point in the proceeding. That would prove to be the major Among those who believed the entire al-Dura incident had been staged believed the entire al-Dura incident Among those who 129 129. Moutet, supra note 124. 127. Id. 128. “Pal- Landes coined a word for Palestinian manipulation of the media: 2008, p. 13. See also the websites theaugeanstables.com and seconddraft.org. gating the evidence for the Egyptian-based Middle East News Agency gating the evidence for the Egyptian-based (MENA). see the twenty- Rosenzweig had persuaded France 2 to let him seven minutes of missing film. the scenes in the He described for MENA just before the fatal shooting: “Pales- tape that indicated purposeful staging into ambulances, then coming out again tinians being carried on stretchers atmosphere, with kids throwing stones unharmed, all in a kind of carnival what was supposed to be a tense and making faces at the camera, despite situation.” occasional gun- Rosenzweig pointed out how the tape showed shots, not continuous firing.around captured on From the general horsing take.an To do so is considered to be, especially in cultural and academic circles, admission of weakness. Moutet, supra note 124. lywood.” See Ruthie Blum, “Framing the Debate,” Karsenty was now able to come to court with a great deal of additional Karsenty was now able to come to ballistics report.documentation, including a ninety-page He was supported editor of by Luc Roxenzweig, the former chief 172 news and of inflammatory on the sources focusing specifically story die, video. cov- foreign correspondents if not most, clear that many, It became stringers and relied on local Strip from Israel West Bank and Gaza ering the cameramen. were working journalists endorsed by Guidelines routinely breach–particularlyor honored in the ignored, on staging the prohibition the benefit of photographers. scenes for at Boston University, a professor of medieval history was Richard Landes, photographs taken by controversial al-Dura footage with who compared the on the scene that day. other cameramen \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 34 26-FEB-10 9:19 a French Jew who spent several years publicizing what he called an “arrant spent several years publicizing what a French Jew who by France 2.hoax” perpetrated for television network sued Karsenty The that he pay one euro in found against him and ordered libel. A lower court another 3,000 euros in a fine of 1,000 euros, and damages to the plaintiffs, costs. Karsenty appealed. 2 to produce The appellate court ordered France unedited master the infamous twenty-seven-minute evidence, in particular footage in the plaintiff’s possession–which not even Enderlin had seen when he filed his report. had sent him by (His Palestinian cameraman which to make the segment.)remote link about six minutes from France 2 of film.eventually produced eighteen minutes called for the The judges rest. 28003_jsa_1-2 Sheet No. 45 Side B 03/01/2010 12:09:36 B 03/01/2010 45 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 46 Side A 03/01/2010 12:09:36 173 Le Nouvel 132 133 July 10, 2008. Karsenty had won his 134 Jerusalem Post, 131 BETRAYING TRUTH , a prominent French newsmagazine, which called Karsenty’s , a prominent French newsmagazine, Backrounder: Muhammad al-Dura, C.A.M.E.R.A., available at http:// Backrounder: Muhammad al-Dura, C.A.M.E.R.A., 130 See The court concluded that Karsenty had acted in good faith as a media The court concluded that Karsenty The court had seen the un-broadcast footage from Netzarim Junction The court had seen the un-broadcast All those present at the original screening agreed that, while it was agreed that, while screening present at the original All those decision, noting the appellate court handed down its On May 21, 2008, See Andrea Levin, “The Silence of the Times,” M K 134. Karsenty v. Enderlin, supra note 124. 131. Id. 132. Moutet, note 124. 133. “I edited out the child’s agony. It was unbearable. . .It would not have added 130. www.camera.org/index.asp?x_article=855&x_context=3 anything.” commentator and that, although the hoax could not be definitively proven, commentator and that, although the of evidence.” he had presented a “coherent body showing Palestinian Arabs staging injuries, faking falls, and racing ambu- showing Palestinian Arabs staging lances to bogus rescues. concerning It noted contradictions and omissions to the al-Duras’ location, as well the Israeli military’s line of fire in relation he was pronounced dead.as visible movement by the boy after It ques- to the father, and the absence of blood tioned the provenance of the injuries gunfire.in the wake of ostensibly blistering to Enderlin’s And it referred seconds of footage of the boy’s death repeated claim that he had cut the last his final bloody “agony.” to spare audiences from witnessing 2009] have been whole scene must concluded that the Rahmeh, he film by Abu staged. from, it was bullets had come where the to determine precisely impossible garrison. fired from the Israeli could have been that they highly unlikely agony” was been described as the child’s “unbearable Further, what had than having been a logical conclusion was that, rather nowhere to be seen: edited out, it simply did not exist. ruling. and contradictions in the It noted “inexplicable inconsistencies in court had been his Enderlin” (whose appearance explanations by Charles in the matter).first sworn testimony Judge Laurence Trebucq concluded not defamed France 2.that Karsenty had On the contrary, the accumulated had proven that–in documentaries, articles, and books evidence of multiple incited much of the a story that shocked and the process of broadcasting world–a veteran journalist, his cameraman, and a prestigious French media dereliction and dishonesty. institution had demonstrated gross \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 35 26-FEB-10 9:19 appeal, but the journalistic war was far from over.appeal, but the journalistic war was the clarity and Despite the press rallied around Enderlin.definitiveness of the court’s ruling, In his behalf appeared in less than a week, a petition on Observateur C Y 28003_jsa_1-2 Sheet No. 46 Side A 03/01/2010 12:09:36 A 03/01/2010 46 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 46 Side B 03/01/2010 12:09:36 M K C Y . You . 1:139 VOL intifada [ 138 foreign correspon- 135 Washington Post * 136 Jean-Yves Camus, a political scientist and expert on radi- Jean-Yves Camus, a political scientist thought that Enderlin was still the best reporter currently in thought that Enderlin was still the 137 JOURNAL FOR THE STUDY OF ANTISEMITISM Le Figaro, By virtually any traditional journalistic standards, this case was a By virtually any traditional journalistic Similarly, Denis Jeambar and Daniel Leconte, two seasoned reporters Similarly, Denis Jeambar and Daniel The petition was signed by over 300 journalists.The petition was Among them was Americans have been under the gun of such people for some time, but under the gun of such people for Americans have been of this kind of thing.France used to be free are paranoid, [These groups] of good report- never give up, they sap the energy they’re persistent, they ers. this how much money France 2 has spent defending I can’t imagine case. Charles Enderlin is an excellent journalist. I don’t care if it’s the him.Virgin Birth affair, I would tend to believe Someone like Charles simply doesn’t make a story up. 135. Moutet, supra note 124. 136. See Augean Stables, available at http://www.theaugeanstables.com/2008/08/ 137. they’re extreme rightists . . . . You “These people, the ones attacking him, 138. a former president of the official Id. And then there was Theo Klein, repre- the Near East. cal Islam, was similarly dismissive of the criticism: “Guy sends him pic- cal Islam, was similarly dismissive shot the kid, he believes him–Itures from Gaza, tells him the Israelis mean, believed it?” even the Israeli Defense Forces spokesman 10/the-nouvel-obs-petition-signers-study-1-jon-randal/print/. Moutet, supracan’t take anything they say seriously.” note 124. . sentative body of French Jews, who that he was outraged by the court ruling. sure “Perhaps the bullets were not Israeli after all, but if something was set up, I’m and Charles had nothing to do with it. He is a remarkable journalist. I respect him, the I’m sure this matters more than whether a bullet came from the right or from left. After all, many Palestinian children have been killed in the dent based in Paris, who was quoted as saying he saw in this case a danger- who was quoted as saying he saw dent based in Paris, interfering with news of “vindictive pressure groups ous American trend the Atlantic: had now unfortunately crossed organizations,” which from 174 campaign” hate-filled smear case a “seven-year documented exhaustively dignity.” “professional destroying Enderlin’s aimed at that It flatly declared Israeli posi- coming from the killed “by shots al-Dura had been Muhammad tion.” a journalist credibility to had granted “equal that the court It said of the local deniers ignorant work, and to willful for his rigorous renowned experience.” with no journalistic realities and a 75-year-old former Jonathan Randal, \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 36 26-FEB-10 9:19 know, the Israelis haven’t made half the noise about this that some French Jews know, the Israelis haven’t made half the noise about this that some French have. Id. 28003_jsa_1-2 Sheet No. 46 Side B 03/01/2010 12:09:36 B 03/01/2010 46 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 47 Side A 03/01/2010 12:09:36 175 whose , May 12, 140 Los Angeles , or the , nor was there any New York Times New York Times—New York Figaro , or Washington Post , May 27, 2008. , the in Paris, wearing a skullcap, when he was in Paris, wearing a skullcap, when Le Monde executive director Abe Rosenthal was eulo- director Abe Rosenthal executive , . did comment in passing that it is “hard to did comment in passing that it is BETRAYING TRUTH Times Le Soir 139 arondissement 142 Wall Street Journal was not alone in ignoring Karsenty’s victory for free media ignoring Karsenty’s victory for free was not alone in Wall Street Journal Times 141 The regularity in France today that it Antisemitic incidents occur with such named Rudy Haddad was walking In June of 2008, a boy of seventeen The Was Karsenty’s stunning victory–inWas Karsenty’s stunning had accused a case in which he International Herald Tribune M K 139. See “Abe Rosenthal of the Times,” Editorial, 140. See Levin, supra note 133 141. Id. 142. Editorial, Antisemitic Incidents every one of them is widely reported. might be understandable that not the government, however, should not Those that elicit comments from escape notice. in a larger Jewish and beaten brutally.set upon by 15-30 “African immigrants” Although told reporters that he was “particularly French President Nicolas Sarkozy 2006, p. 32. report on French television. story from ABC ran a short (190-word) on FOX, CNN, or MSNBC, or in Reuters, but it was not even mentioned the 2009] upon by and commented have been reported decision that should landmark not a word Yet there was around the world. and media lawyers journalists the including American newspaper, in any major abetted the airing of “a journalist, of having aided and Enderlin, a renowned and a “fraud”–notfaked death,” a “hoax,” worthy of publication? Was it sown by Enderlin about the global “anger and hate” not worth an editorial allegations in the al- in spawning the false, incendiary and his cameraman, Israel?Dura case against that’s fit to print”? Was it not “news Times. court decision that “called the [al-Dura] exaggerate the significance” of the story into doubt.” \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 37 26-FEB-10 9:19 masthead famously purports to publish “All the News That’s Fit to Print.” the News That’s to publish “All famously purports masthead when former (Ironically, gized two years earlier, he was lauded for his fierceness in confronting his fierceness was lauded for years earlier, he gized two entrenched institution–and important is going for saying: “When something on, silence is a lie.”) the state of Israel. has been termed a blood libel against criticism, in what elsewhere were conspicuously silent. The mainstream media in France and There was nothing in C Y 28003_jsa_1-2 Sheet No. 47 Side A 03/01/2010 12:09:36 A 03/01/2010 47 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 47 Side B 03/01/2010 12:09:36 M K C Y . 1:139 includes , Chesler VOL , July 5, 2008. [ 144 Al-Kitaab Washington Post ],” , October 13, 2008, p. 24. Al-Kitaab Jerusalem Post did carry an op-ed by a Harvard student about a text- 143 Young Jewish Boy Savagely Beaten in Paris Young Jewish Boy Savagely Beaten , which is used in beginner’s courses in Arabic at Harvard , an English-language newspaper published in the capital , an English-language newspaper published JOURNAL FOR THE STUDY OF ANTISEMITISM Al-Kitaab Washington Post One might expect that the jailing of a fellow journalist for expressing One might expect that the jailing of Similarly, few Americans or Europeans are aware of the pervasive or Europeans are aware Similarly, few Americans Weekly Blitz 143. Phyllis Chesler, 144. The city of Dhaka. the rise of radical Choudhury had written critically about establishment of diplomatic relations Islamists in Bangladesh, urged the dialogue based on religious equality. with Israel, and advocated interfaith Chronicles - Pajamas Media, June 25, 2008. The paucity of media coverage was Chronicles - Pajamas Media, June 25, a young Jewish boy named Ilan Halimi similar to that in January of 2006, when in Paris by gangs of African-Muslim was brutally tortured for three full weeks them as “Muslims” but rather as “youth,” immigrants. The media did not describe and “immigrants from Africa.” Some “militants,” “gang-members,” “immigrants,” Halimi; others heard his screams and neighbors took turns and joined in torturing died a month later. Id. See alsodid nothing; some just watched. Halimi Bernard Edinger, “Unsafe in the 19th,” Maltreatment of Journalists coverage–butan opinion would receive ample media that has not been the the Bangladeshi Muslim editor of case for Salah Uddin Shoaib Choudhury, the 176 that he boy, on the pretext to a young French by what happened shocked Jewish of the French various representatives a kipah” and was wearing officials other French crime as antisemitic, denounced the community incident as antisemitic.to characterize the declined ignored The case was of the media. by much Palestinian Textbooks to be found in Palestinian textbooks.anti-Israel propaganda Their igno- of coverage by major at least in part to the paucity rance may be attributed as the fact that Arab press. Related stories, such elements of the Western is there much com- Israel, are likewise unreported. Nor maps do not show a constant diet of anti- that young Arab students are fed ment about the fact Egyptian president such as the heroic deeds of former Western propaganda, Gamal Abdel Nasser. of Egypt’s defeat in the Six-Day No mention is made War or of Nasser’s repressive rule. are taught Palestinian youngsters in its very essence.” instead that “the Jews are wickedness \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 38 26-FEB-10 9:19 footage of Nasser’s mass rallies in Cairo, including slogans in Arabic and French such as “Brother Nations in Struggle, We Are By Your Side.” Joel B. Pollak, “Teaching Arabic and Propaganda [on book called and other American universities. The DVD that comes with 28003_jsa_1-2 Sheet No. 47 Side B 03/01/2010 12:09:36 B 03/01/2010 47 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 48 Side A 03/01/2010 12:09:36 148 177 Wall . See http:// Jerusa- 146 149 New York Sun The reasons for this failure 150 . , and the now defunct 147 BETRAYING TRUTH 145 Washington Times , the , Aug. 8, 2008. Anti-Islamist Muslim Journalist Taken by Para-military Goons, Anti-Islamist Muslim Journalist Taken In 2005 the writers’ group PEN USA presented him with its “Freedom In 2005 the writers’ group PEN USA Choudhury’s trial began.In August of 2008, after many delays, He of Shoaib Choudhury has been With but few exceptions, the story Choudhury was finally released after an intense campaign for his free- released after an intense campaign Choudhury was finally According to witnesses, the police ordered all employees out of the the police ordered all employees According to witnesses, M K 146. Id. 147. Id. 148. Presentation of Moral Courage Award to Shoaib Choudhury, http://www. 149. Michael Freund, “Pro-Israel Editor Goes on Trial in Bangladesh,” 150. The few exceptions have been editorials mentioning Choudhury in the 145. ajc.org/site/c.ijITI2PHKoG/b.1661861/k.BBCF/Presentation_of_the_Moral_Cour- age_Award_to_Shoaib_Choudhury.htm. lem Post www.stephengill.ca/shoaibArrestedAgain.htm Street Journal to Write” Award “in recognition of his commitment to courageous journal- to Write” Award “in recognition of ism under extreme adversity.” Jewish Commit- A year later the American Award.tee gave him its Moral Courage government (The Bangladesh United States to receive the honor.) prohibited him from traveling to the activity for having “praised Jews and had been accused of anti-Islamic Christians.” If convicted, he could be sentenced to death. press. almost totally ignored by the Western dom by Richard Benkin, an American activist from Chicago, who had solic- an American activist from Chicago, dom by Richard Benkin, (R-IL).ited the support of Rep. Mark Kirk faced charges that But he still For the past five years, he has included blasphemy, sedition, and espionage. of intimidation and harassment. (Two been subjected to various other forms were the target of an attempted years ago, the offices of his newspaper bombing by unknown assailants.) 2009] airport just international 2003 at Dhaka’s arrested in November He was scheduled to where he had been the Holy Land, a flight to prior to boarding and Jews. between Muslims understanding address on promoting deliver an that Israel–Choudhury’s does not recognize Bangladesh would visit there journalist–and the first by a Bangladeshi have been him authorities charged activity. with anti-Islamic Choudhury ransacked the premises, and interrogated newspaper’s offices, family, or legal him any communication with friends, without allowing agent of the Jews.” repeatedly called a “Zionist spy and counsel. He was to an understanding that this harassment was contrary His protestations Bangaldeshi govern- and the United States (which the between Bangladesh would honor) were ignored.ment had said it For the next seventeen was tortured. in prison, during which time he months, he was held \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 39 26-FEB-10 9:19 C Y 28003_jsa_1-2 Sheet No. 48 Side A 03/01/2010 12:09:36 A 03/01/2010 48 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 48 Side B 03/01/2010 12:09:36 M K C Y . 1:139 , Oct. 12, VOL [ ) reported Sen. McCon- Asian Tribune 154 153 Tulsa World 152 151 Evaluating Different Perspectives JOURNAL FOR THE STUDY OF ANTISEMITISM pone once again moving the U.S. embassy in Israel from Tel Aviv pone once again moving the U.S. embassy to the capital, Jerusalem–despite campaign promise that his explicit just that “the first day that I he would begin the process of doing am in office”–escaped any editorial notice. ture of the Palestinian terrorists who have killed eighteen American ture of the Palestinian terrorists who in Israel, the West Bank, and citizens and wounded many more Gaza. rewards in No American newspaper has mentioned these either editorial or news columns–or, fact, that the State Depart- in ment itself has not publicized them. Egypt and the Palestinian Authority. Sen. Mitch McConnell (R- Authority. Sen. Mitch McConnell Egypt and the Palestinian Palestinians in wisdom of giving $75 million to KY) questioned the sight to their Gaza when there was no end in the West Bank and with Israel.violent confrontation noted that in Egypt, “govern- He incite vio- support Adolf Hitler and ment-sponsored newspapers and Israel.lence against Jews kind of relationship worth the Is this request of $2 billion:” • at the end of May 2005 to post- Former President Bush’s decision • to offer rewards for the cap- The U.S. State Department continues Other newsworthy events in the Middle East that have gone virtually events in the Middle East that have Other newsworthy • aid bill for in the United States Senate to an The recent challenge “Violence and terrorism,” Israeli Prime Minister Benjamin Netanyahu “Violence and terrorism,” Israeli Prime 151. Telephone conversation with Richard Benkin, August 11, 2008. 152. Only one American newspaper (the 153. Id. 154. Id. 2006. also to Protect Daya Gamage, “Wall Street Journal Urges Bush Administration Bangladesh Journalist Choudhury From Persecution,” nell’s remarks. Id. 178 advanced by Benkin–that the theory are unclear, although to report the slant–has pro-Israel result of Choudhury’s of coverage is a direct absence challenged. not been Events Other Unreported unreported include: \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 40 26-FEB-10 9:19 The Arab View 28003_jsa_1-2 Sheet No. 48 Side B 03/01/2010 12:09:36 B 03/01/2010 48 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 49 Side A 03/01/2010 12:09:36 179 Federal August 10, 2001. 157 But both truth and percep- But both report that Palestinian ambu- report that Palestinian 155 159 AAP Newsfeed, USA Today BETRAYING TRUTH but no such words were used to describe “the Palestini- but no such words were used to describe 158 November 21, 2000. 156 When another panelist, John Alterman of the U.S. Institute of Peace, When another panelist, John Alterman Especially resented was a Especially resented by the Arab-American journalists Ms. Slavin was quickly challenged In November of 2000, two months after the beginning of what has beginning of months after the of 2000, two In November M K 155. “Netanyahu Condemns Bombing,” 156. Symposium by the Washington Association of Arab Journalists, 157. Id. 158. See supra notes 96-97 and accompanying text. 159. Id. offered his opinion that “fairness” doesn’t always mean giving equal weight offered his opinion that “fairness” doesn’t to all positions in a conflict, he was Ibish, the commu- assailed by Hussein Anti-discrimination Committee. nications director for the American-Arab place, a belligerent military occupa- “There is a military occupation in News Service, on the panel. correspondent for Hisham Melhem, the Washington-based “many reporters covering the intifada several Middle East dailies, said that conceptualize the issues, giving them have allowed the Israelis to frame and their own terminologies, their own their own words, their own definitions, paradigms.”to Israeli soldiers in He asked why the Western media referred of “occupation forces.”the territories as “security forces” instead He won- “murder” and “barbaric” and “brutal” dered why words like “lynching” and Ramallah (where the IDF reservists had were used to describe the scene in been murdered), 2009] of the truth.” “lead to a distortion once said, \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 41 26-FEB-10 9:19 to the front lines, delivering stones and fighters lances had been observed initiating some of the shooting.and ambulance drivers But that was what Barbara Slavin. She said senior foreign affairs editor her reporter saw, can present the no single story or television segment added her view that given the time con- conflict and hope to do it justice, full history of the both sides. straints and intensity of emotions on ans who were killed and tortured by settlers.”ans who were killed and tortured by “You talk of Pales- He said, reference to Israeli settlers who do their tinian mobs, but you rarely see any usual rampaging and acts of violence.” tion depend largely on the beholder. largely on the tion depend media the views of Western Although are mostly different, they are sharply Arab-American journalists held by negative. Association of as the “al-Aqsa intifada,” the Washington come to be known how the U.S. media convened a symposium to discuss Arab Journalists in the Middle East.were covering events The young journalists in the audi- coverage had been and the West Bank felt “that the ence from Gaza terrible.” C Y 28003_jsa_1-2 Sheet No. 49 Side A 03/01/2010 12:09:36 A 03/01/2010 49 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 49 Side B 03/01/2010 12:09:36 , M K C Y 163 availa- . 1:139 VOL [ He was surprised by the responses He was surprised Toameh was told, for example, that Toameh was told, 161 162 Telling the Truth About the Palestinians, Telling the Truth About the Palestinians, On Campus: The Pro-Palestinians’ Real Agenda 164 JOURNAL FOR THE STUDY OF ANTISEMITISM 160 On one campus Toameh was called a “mouthpiece for the Zionists” On one campus Toameh was called The facts, however, appear to suggest otherwise. The facts, however, Khaled Abu an Israeli-Arab journalist named In March of 2009, What struck me more than anything else was the fact that many of the What struck me more than anything else Hamas and believed that it had people I met on the campuses supported if that meant blowing up children the right to “resist the occupation” even I never imagined that I and women on a bus in downtown Jerusalem. at a university in the U.S. I would need police protection while speaking in the West Bank and Gaza have been on many Palestinian campuses I felt intimidated or where some- Strip and I cannot recall one case where one shouted abuse at me. 162. Khaled Abu Toameh, 163. Id. 164. Id. 160. Id. 161. See Khaled Abu Toameh, ble at http://www.meforum.org/604/telling-the-truth-about-the-palestinians. Hudson Institute (New York), March 29, 2009, available at http://brum- speak.blogspot.com/search?q=toameh because he had said that Israel has a free press.because he had said that Israel has a posters promot- On another, swastikas. Toameh noted: ing his appearance were defaced by 180 and recognize the occupation, . . . does not The American press tion. . . . to honesty.” commitment We need fundamental not enough. . . . balance is bus in Israel: of a school the report of a bombing also challenged Mr. Ibish wasn’t in Israel.“Well, it Gaza.”was in occupied It he He decried what the American Palestinians” in speech against “outright hate called the media. his experiences as a American campuses to describe Toameh toured for doing his job. reporter threatened \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 42 26-FEB-10 9:19 he met; he recalled, “Listening to some students and professors on these “Listening to some students and he met; he recalled, a Hamas spokes- I thought I was sitting opposite campuses, for a moment bomber.” man or a would-be-suicide Israel had no right to exist; that its “apartheid system” is worse than the one to exist; that its “apartheid system” Israel had no right Lead (December 2008- Africa; that its Operation Cast that existed in South because of the rockets that the Islamic January 2009) was launched not Israeli communities, but because movement had launched at southern that it was interested in making peace; Hamas was beginning to show signs in the Palestinian Authority was “Zionist that talk about financial corruption had done wonderful things for his peo- propaganda”; and that Yasser Arafat schools, hospitals, and universities. ple, including the establishment of 28003_jsa_1-2 Sheet No. 49 Side B 03/01/2010 12:09:36 B 03/01/2010 49 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 50 Side A 03/01/2010 12:09:36 Al 57 New 181 , supra note Agence France-Presse Journal of Communication Toameh was one of few Arab journal- Toameh was one 165 , Jan. 24, 2008. BETRAYING TRUTH Telling the Truth About the Palestinians Opposing Perceptions 168 167 Jerusalem Post 166 , Jan. 30, 2008, p. 25. A controlled empirical study by Yariv Tsfati concluded that hostile A controlled empirical study by Yariv While a student at the Hebrew University in Jerusalem, Toameh While a student at the Hebrew According to Toameh, in the Oslo Years Arafat didn’t build one hous- didn’t build one Oslo Years Arafat to Toameh, in the According that have claimed the intifada Palestinians times during At various The view propounded in this article–that the media often reflect subtle (“The Dawn”). There he saw firsthand the lack of journalistic freedom (“The Dawn”). There he saw firsthand M K 165. the Whole Thing Was Staged,” See, e.g., Andy Soltis, “It Was Obvious 166. Khaled Abu Toameh, “Hamas Staged Some ‘Blackouts,’ Palestinian Jour- 167. Khaled Abu Toameh, 168. Yariv Safati, “Hostile Media Perceptions, Presumed Media Influence, and and overt biases against Israel–is means universal. Various observers by no suggest quite the opposite–that the facts about what goes on in to ascertain Arab perceptions of Israel were generated and nurtured by negative Pales- Arab perceptions of Israel were generated Israeli media, on the other hand, did tinian media. Exposure to mainstream not yield such a response. worked for the Palestinian Liberation Organization’s official newspaper worked for the Palestinian Liberation 2009] hospital or or college, one road, one university for refugees, one ing unit clinic–he from a Jericho (right across a casino in managed to build only refugee camp). Gaza Strip–aelectricity to the by cutting off strangling them Israel was by photographs, in the world’s media and supported charge widely reported the contrary. despite evidence to Fajr in Gaza. views of the Later he was censured for his outspoken and critical Palestinian media, \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 43 26-FEB-10 9:19 ists who reported that Hamas staged blackouts to support their claims. He that Hamas staged blackouts to support ists who reported situations by Yasir frequently placed in life-threatening said that he was least twelve Palestin- Authority (PA). He noted that at Arafat’s Palestinian a four-month period in been attacked by masked men in ian journalists had to intimidate the appeared to be an organized campaign early 2004 in what a photographer working for media. He told about He observed, broken by a masked man in Ramallah. who had his arms this attack, but a great did not do anything about “Agence France-Presse allegedly harass journalists in the outcry is raised when Israeli soldiers territories.” York Post nalists Admit,” 151. Minority Alienation: The Case of Arabs in Israel,” (2007). C Y 28003_jsa_1-2 Sheet No. 50 Side A 03/01/2010 12:09:36 A 03/01/2010 50 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 50 Side B 03/01/2010 12:09:36 M K C Y 169 . . 1:139 VOL [ Al Jazeera and , Glasgow University (2006, Sept. 13), avail- proclaims that “the road to proclaims that “the In 2002, political cartoons a-Vis the Palestinian-Israeli Con- , Palestinian newspapers often 173 Media Monitor Bad News from Israel , which seeks to reveal how television view- , which seeks to reveal Palestine News Network Palestine , October 3, 2001. 9, no. 2 (2008): 279, which concludes that the BBC’s The authors draw upon the writings of Avi Shlaim, The authors draw 172 170 Palestine Media Watch 171 JOURNAL FOR THE STUDY OF ANTISEMITISM Bad News From Israel Al-Hayat Al-Jadida Journalism Studies The War on Terrorism and Democracy The War on Terrorism Greg Philo, a professor at Glasgow University, is the author of a book at Glasgow University, is the Greg Philo, a professor According to Readers, of course, must be able to judge credibility for themselves. be able to judge of course, must Readers, 169. See, e.g., http://www.mediamouse.org/news/2008/12/press-coverage.php. 170. News, based in Detroit, Michi- AbuNab contributes to the Arab American 171. Greg Philo and Mike Berry, 172. See http://www.camera.org/index.asp?x_context=4&x_outlet=12&x_article 173. an Israeli historian who accuses Israel and Jordan of collaborating to pre- who accuses Israel and Jordan of an Israeli historian work has been dis- of a Palestinian state, and whose vent the establishment credited by scholars. and anti-Israel articles. The attacks on publish heavily biased anti-American the World Trade Center and the of 2001 were char- Pentagon in September they were a natural disaster) that acterized as an “earthquake” (implying thinking about foreign policy and . . . caused Americans to “revise their on the planet. They view them- take a realistic look at what is happening have discovered that there has been a selves as its master, but actually they them.” huge build-up of hatred against reporters covering Middle East stories. gan. He also provides assistance to news See Cliff Kincaid, “Pro-Israel Media Bias,” able at http://www.aim.org/media-monitor/pro-israel-media-bias/. stability and peace in the Middle East starts with ending the occupation of in the Middle East starts with ending stability and peace Iraq and Palestine.” entitled favor of Israel, partic- fallen victim to a dominant bias in ers in the UK have ularly by the BBC. 182 the should look at Gaza, one American course of accusing (in the a Palestinian-American For example, Fox News recently told being too pro-Israel) media of al-Qaeda that the that serves than a “nuisance” as no more should be regarded organization the interests of Israel. statement is Neal AbuNab, whose The author of that book \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 44 26-FEB-10 9:19 Media Group, reviewed in Palestineonlinestore.com, available at http:// Media Group, reviewed in Palestineonlinestore.com, (“Every journalist should read www.palestineonlinestore.com/books/badnews.htm. ought to be assigned it,” writes filmmaker this book; every student of journalism to be supported by Leon Barkho, “The John Pilger. Id.) This conclusion appears BBC’s Discursive Strategy and Practices Vis-` flict,” choice of language favors Israel. =811. depicted George Bush and Tony Blair as Nazis and portrayed the U.S. “War depicted George Bush and Tony Blair 28003_jsa_1-2 Sheet No. 50 Side B 03/01/2010 12:09:36 B 03/01/2010 50 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 51 Side A 03/01/2010 12:09:36 , 174 183 178 Palestine Media Watch 176 : ’s assistant managing editor for 177 Jerusalem Post BETRAYING TRUTH Washington Post is a website that claims to expound the true history expound the true that claims to is a website , available at http://www.ifamericansknew.org/. WASHINGTON POST-WATCH: Freudian Projection at the If Americans Knew (What Every American Needs to Know If Americans Knew (What Every American The website is characterized by harsh anti-Israeli charges The website is characterized , C.A.M.E.R.A., July 11, 2008. C.A.M.E.R.A. invited Hoffman to 175 http://www.pmw.org.il/. “Study of New York Times Coverage Severely Flawed,” C.A.M.E.R.A., WTC ‘Earthquake’ Shakes American Arrogance,” “ See National Public Radio host Robert Siegel responded with similar anger National Public Radio host Robert It is important to recognize that any analysis of media bias should recognize that any analysis of media It is important to David Hoffman, the If Americans Knew If Americans My sin is evidently acknowledging both the Palestinian and Israeli views My sin is evidently acknowledging both my comments as she did is an of the security barrier. To summarize a serious journalist. . . .example of editing that is unworthy of Ms. Levin from supporting public radio. She is entitled to her opinions and to refrain about other people’s work in the is not entitled to publish defamatory lies M K 175. See website 174. 176. 177. Barkho, supra note 171 at 279. 178. Eric Rozenman, to criticism of his coverage in a column by C.A.M.E.R.A.’s executive direc- to criticism of his coverage in a column tor Andrea Levin that ran in the evaluate both reporters and protagonists in conflict, as well as measure and protagonists in conflict, evaluate both reporters by other media. them against coverage Responses from the Media 2009] Arab oil. at controlling policy aimed as a cover for American on Terror” available at \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 45 26-FEB-10 9:19 that parrot long-discredited claims such as that Israel attacks Palestinians claims such as that Israel that parrot long-discredited nation,” describe poison gas,” call Israel an “apartheid with “mysterious duty,” and refer to as a “legitimate right and . . . moral Palestinian violence as the start of a “holocaust.” the founding of Israel About Israel/Palestine) http://www.camera.org/index.asp?x_print=1&x_article=896&x_context=2 Washington Post cov- supply examples of its seeking “point of view” reporting rather than accurate erage. None were forthcoming. Id. foreign news, has claimed that C.AM.E.R.A. “is an interest group which foreign news, has claimed that C.AM.E.R.A. lobbies for one point of view”–by he meant pro-Israel news cover- which we covered the conflict as they age. Hoffman asserted that “if indeed be biased.” [C.A.M.E.R.A.] demanded, we would of Palestine (expulsion of the Arabs), to document Israeli abuses of human Israeli abuses the Arabs), to document (expulsion of of Palestine and to ana- organ trafficking), and human strip searches rights (including distor- (pro-Israel “deadly of “Israel/Palestine” media coverage lyze the and National networks, the major American the Associated Press, tions” by Public Radio). C Y 28003_jsa_1-2 Sheet No. 51 Side A 03/01/2010 12:09:36 A 03/01/2010 51 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 51 Side B 03/01/2010 12:09:36 M K C Y 23 180 . 1:139 181 VOL [ undertaken to , C.A.M.E.R.A., April Newspaper Research Journal 182 ONCLUSION C Philadelphia Inquirer UMMARY AND 179 S JOURNAL FOR THE STUDY OF ANTISEMITISM NPR’s Robert Siegel Reacts (Badly) to Bias Charge NPR’s Robert Siegel Reacts (Badly) to In the absence of other legal remedies or sanctions for misleading In the absence of other legal remedies central role in reporting and com- The communications media play a An academic case study of the In a lengthy exchange, Levin and Siegel took issue with various state- issue with various and Siegel took exchange, Levin In a lengthy in kind: Levin responded This is indicative of Siegel-talk. It tilts, dodges and omits. The Israelis Siegel-talk. It tilts, dodges and omits. This is indicative of of attacks. the barriers will “limit the possibility” don’t merely “hope” the Gaza their effectiveness. As is well-known, The fences have proven from that area, successful in containing infiltrators fence has been highly is credited with constructed fence in the West Bank and even the partially This is also reduce terrorist penetrations into Israel. helping to radically point? Again, obfuscation on an entirely clear cut well-known. Why the life-saving, beneficial impact, for Israelis the fence has had an important, Siegel skews to the latter. but the Palestinians despise the structure. name of “accuracy.” name 179. Id. 180. 181. NPR’s Robert Siegel Reacts (Badly) to Bias Charge, C.A.M.E.R.A., April 182. H. Denis Wu, Judith Sylvester, and John Maxwell Hamilton, “Newspaper evaluate charges of anti-Israel bias found that the paper’s Mideast coverage evaluate charges of anti-Israel bias parties had a roughly equal percentage was generally balanced, in that both of positive, neutral, and negative coverage. news and opinion, readers must rely on the integrity of journalists to abide news and opinion, readers must rely fairness and balance. by their own ethical standards requiring the Middle East, even influencing the menting upon fast-moving events in themselves.occurrence and evolution of the events they must be both Thus 12, 2005, available at http://www.camera.org/index.asp?x_context=4&x_outlet= 28&x_article=880. 12, 2005, http://www.camera.org/index.asp?x_context’4&x_outlet’28&x _article’880 Provides Balance in Palestinian/Israeli Reports,” no. 2/3 (Spring 2002): 6. 184 by each.ments made Israel’s comments about among them were Prominent fence.”“security a fence and Gaza, there’s reported, “Around Siegel had and link their confidence years, and the Israelis been for several there has they hope will limit the presence of these barriers which disengagement to violent acts.” people getting into Israel to commit the possibility of \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 46 26-FEB-10 9:19 28003_jsa_1-2 Sheet No. 51 Side B 03/01/2010 12:09:36 B 03/01/2010 51 Side Sheet No. 28003_jsa_1-2 28003_jsa_1-2 Sheet No. 52 Side A 03/01/2010 12:09:36 185 BETRAYING TRUTH But editorial choices–ofBut editorial place- stories to cover, photographs, words, total objectivity if not impossible to achieve While it may be difficult M K 2009] and held accountable–especiallycountenanced where they in a democracy, a great deal of latitude. freedom and are accorded ment, emphases–do matter. at and publishers should editors, Reporters, exercise transparency. responsibility and once bear not hesi- They should “occupancy,” “settlements,” “militant,” the terms “terrorist,” tate to apply fairly and in context.and “equivalency” Newspapers ought to post on their information (similar and methodology for delivering websites their sources and methodology). articles are supported by data to the way that medical evaluations. be subject to regular appraisals and All media should should be attainable. a sense of balance and fairness in reporting the news, any party; it means mean avoiding giving offense to Fairness does not fairly–accurately–covering the substance of the news. Likewise, balance from each side, mandatory numerical equality of sources does not mean a to convey a balanced on relevant, authoritative sources but rather relying view of the issues at hand.editorial comment. The same should be true of well-informed opinion. All reputable Opinion worth publishing should be abide by the standards that they them- journals and their contributors should upon everyone in a free society to insist selves promulgate. It is incumbent maintained, and met. that these standards be recognized, \\server05\productn\J\JSA\1-2\JSA201.txt unknown Seq: 47 26-FEB-10 9:19 C Y 28003_jsa_1-2 Sheet No. 52 Side A 03/01/2010 12:09:36 A 03/01/2010 52 Side Sheet No. 28003_jsa_1-2