Far-right MKs push bill allowing police to probe incitement without state attorney’s go-ahead
Legal experts warn the legislation could harm freedom of expression, a concern reportedly shared by high-ranking police officers
Hard-right lawmakers are advancing a far-reaching bill to allow police more discretion in probing suspected incitement, while chipping away at state attorneys’ oversight of investigations into such cases.
The bill, which is slated for discussion Monday in the Knesset Constitution, Law and Justice Committee, would allow police to open investigations into possible incitement offenses without approval from the State Attorney’s Office.
The bill is expected to advance to its second and third Knesset plenary readings once clearing a committee vote, despite reported opposition from within the Israel Police itself.
The legislation is another step in the government’s judicial overhaul that seeks to diminish the power of judicial authorities, moves that critics say undermine Israel’s democracy and system of checks and balances.
The legislation is a merger of several amendments to the Anti-Terrorism Law proposed by lawmakers Limor Son Har-Melech, Yitzhak Kroizer (Otzma Yehudit), and Zvi Sukkot (Religious Zionism).
Under current Israeli law, prosecutors seeking to convict someone of incitement to terror must prove that there is a “substantial possibility” that the content in question will bring about an act of terror. This bill proposes to lessen the burden of proof by requiring they show only a “reasonable possibility” for such.
The legislation would also prohibit praise for someone who carried out an act of terror, as opposed the already existing violations of praise for the act itself or of a terrorist group. The new offense will be punishable with up to three years’ imprisonment.
According to a Sunday report in Haaretz, the head of the police’s Investigations and Intelligence Division Deputy Commissioner, Boaz Balat, has privately opposed the legislation out of the desire to be prudent with issues linked to freedom of expression.
Police chief Danny Levy backed Balat’s position to the chagrin of National Security Minister Itamar Ben Gvir and his fellow party members.
In a bid to move the bill forward, Ben Gvir was said to have coordinated with MK Simcha Rothman (Religious Zionism), the chair of the Constitution, Law and Justice Committee, to solicit testimony in favor of the bill from a junior officer in the Jerusalem District –without Levy’s approval.
Police brass blocked his appearance before the committee, angering Ben Gvir, Rothman and other politicians trying to advance the bill, the outlet reported.
Cutting out state prosecutors a ‘game-changer’
The legislation could produce “hundreds, if not thousands of false investigations,” according to Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute. “They won’t lead to prosecution, but there will be people getting arrested and investigated without it going through the State Attorney’s Office,” he explained.
The push to loosen up prosecutors’ oversight of police investigations stems from an accusation leveled by many right-wing politicians at Israel’s legal officials that they neglect to enforce anti-incitement laws.
Last year, State Attorney Amit Aisman divulged during a legal conference that prosecutors encountered several instances in which the police opened investigations into alleged incitement without the necessary authorization from his office.
He warned that such behavior could harm freedom of speech in the country.
Since the October 7 massacre and outbreak of the war in Gaza, law enforcement has intensified its efforts to crack down on what it deems incendiary rhetoric, arresting people, mainly Arab Israelis, based on social media posts.
Fuchs argued that the purpose of the bill is to deter dissent of any kind by putting more power in the hands of the police. He maintained that actual instances of incitement were dealt with speedily by prosecutors, making the bill superfluous.
“Not needing permission from the State Attorney’s Office is a game-changer, this is dramatic, it means that any police officer could see [and report] a post that — in his interpretation — ‘strengthens Hamas,'” he said.
Removing state prosecutors from the equation would also lead to differing regional standards for what qualifies as incitement, depending on the cops in charge, Fuchs added.
He argued that Ben Gvir’s role as national security minister and influence over the police could incentivize cops to arrest and investigate people for suspected incitement, even on shaky grounds, noting the sharp uptick in incitement-related arrests during the first few months of the Gaza war.
According to a freedom of information request filed by Adalah, a group advocating for Arab minority rights in Israel, a total of 401 people — most of them Arabs — were detained between October 7 and March 27 on speech-related offenses that the police labelled “incitement to terrorism.”
“When you have a police force that is so much under the control of Ben Gvir, it will lead to a competition among officers who want to get ahead,” Fuchs said, speaking in English.
Jeremy Sharon contributed to this report.
The Times of Israel Community.