Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-gtxcr Total loading time: 0 Render date: 2024-04-19T12:32:01.057Z Has data issue: false hasContentIssue false

8 - Carping, Criticizing, and Circumventing: Judges, the Supreme Court, and the Media in Israel

Published online by Cambridge University Press:  16 February 2017

Bryna Bogoch
Affiliation:
Bar-Ilan University
Anat Peleg
Affiliation:
Bar-Ilan University
Richard Davis
Affiliation:
Brigham Young University, Utah
David Taras
Affiliation:
Mount Royal University
Get access

Summary

The judicial role is based on knowledge, responsibility and integrity. How can it be that although I am entitled to send people to jail I need to get special permission to deal with the media?

– Israeli judge, interview, April 12, 2007

This statement by one of the senior judges in the Israeli court system reflects the increasing frustration felt by judges about current media policy that requires prior approval of the Chief Justice or the intervention of the spokesperson of the Judicial Authority for virtually all communication between judges and journalists. Despite changes in the organizational structure of the information services of the courts, and increasing concern for the image of the courts in the media and its potential effect on public trust in the courts, the basic policy of judicial distance from the media and the ethos of “letting the decisions speak for themselves” still dominate within the Israeli legal establishment (Peleg and Bogoch 2014).

This chapter will describe the current status of judicial-media relations in Israel, including the changes that have occurred over time, as well as the unintended consequences of the court's media policy. It is based on both publicly available material from the Judicial Authority's Information Services, as well as information conveyed to us by the spokesperson, press statements by judges and reporters, recent research on the media coverage of the court, and interviews conducted with 40 presently serving and retired judges and justices and 30 journalists. First, we will describe the Israeli judicial system and the research on the media coverage of the courts in this country. Next, we will present the structure and organization of the Judicial Authority Information Services, and the changes that have occurred over time in the court-media relationship, including the reaction of the Judicial Authority to technological changes. Finally we will discuss the unintended consequences of the court's media policy, and the dilemmas that these have triggered among both journalists and judges.

Type
Chapter
Information
Justices and Journalists
The Global Perspective
, pp. 164 - 183
Publisher: Cambridge University Press
Print publication year: 2017

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Barak, Aharon. 2002. “Some Reflections on the Israeli Legal System and Its Judiciary.” Electronic Journal of Comparative Law 6, no. 1. www.ejcl.org/61/art61-1.html.Google Scholar
Barnes, Robert, Lithwick, Dahlia, Liptak, Adam, Segall, Eric, and Donohue, Luke. 2016. “Supreme Court Transparency in the Age of Social Media.” Review Symposium and Miller Lecture Panel, Georgia State University Law Review 32: 927–938.Google Scholar
Bogoch, Bryna. 1999. “Courtroom Discourse and the Gendered Construction of Professional Identity.” Law and Social Inquiry 24, no. 2: 329–375.Google Scholar
Bogoch, Bryna, and Holzman-Gazit, Yifat. 2008. “Mutual Bonds: Media Frames and the Israeli High Court of Justice. ” Law and Social Inquiry 33, no. 1: 53–87.Google Scholar
Bogoch, Bryna, and Holzman-Gazit, Yifat. 2014. ‘Promoting Justices: Media Coverage of Judicial Nominations in Israel.’ Oñati Socio-legal Series 4, no. 4. http://ssrn.com/abstract=2478756.Google Scholar
Bogoch, Bryna, and Peleg, Anat. 2014. “Law in the Age of Media Logic.” In Mediatization of Communication, ed. Lundby, Knut, 443–462. Berlin: DeGruyterMouton.
Browning, John G. 2014. “Why Cant We Be Friends? Judges Use of Social Media.University of Miami Law Review 68: 487–534.Google Scholar
Caspi, Dan, and Limor, Yechiel. 1999. The In/Outsiders: The Media in Israel. Cresskill, NJ: HamptonPress.
Cornes, Richard, and Lambourne, Simon. 2015. “Misreported, Misunderstood and Dangerously Exposed: Courts and the Media in New Zealand.” Paper presented at the annual meeting, Law and Society Association, Seattle, Washington, 28 May–1 June.
Davis, Richard. 1994. Decisions and Images: The Supreme Court and the Press. Engelwood Cliffs, NJ: Prentice Hall.
Davis, Richard. 2011. Justices and Journalists. Cambridge: CambridgeUniversity Press.
Davis, Richard. 2014. “The Symbiotic Relationship between the U.S. Supreme Court and the Press.” In Covering the United States Supreme Court in the Digital Age, ed. Davis, Richard, 4–22. Cambridge: Cambridge University Press. doi:10.1017/CBO9781107280595.002.
Dotan, Yoav. 2010. “A Dubious Constitutional Revolution” (in Hebrew). Yediyot Aharonot, 3 March.
Dotan, Yoav, and Hofnung, Menachem, 2001. “Interest Groups in the Israeli High Court of Justice: Measuring Success in Litigation and in Out-of-Court Settlements.” Law and Policy 23, no. 1: 1–27.Google Scholar
Dotan, Yoav, and Hofnung, Menachem. 2005. ‘Legal Defeats-Political Wins: Why Do Elected Representatives Go to Court?’ Comparative Political Studies 38, no. 1: 75–103. doi:10.1177/0010414004270969.Google Scholar
Dotan, Yoav, Gavison, Ruth, and Kremnitzer, Mordechai. 2000. Judicial Activism, Pro and Con: The Place of the High Court of Justice in Israeli Society (in Hebrew). Jerusalem: Magnes.
Gilboa, Eytan. 2012. “The Israeli Media.” In The Middle East: A Guide to Politics, Economics, Society, and Culture, vol. 1, ed. Rubin, Barry, 272–280. Armonk, NY: M. E. Sharpe.
Greenhouse, Linda. 1996. “Telling the Court's Story: Justice and Journalism at the Supreme Court.” Yale Law Journal 105 (6): 1537–1561.Google Scholar
Haltom, William. 1998. Reporting on the Courts: How the Mass Media Cover Judicial Actions. Chicago: Nelson-Hall Publishers.
Hirschl, Ran. 2004. Towards Juristocracy. The Origins and Consequences of the New Constitutionalism. Cambridge, MA: Harvard University Press.
Hovel, Revital. 2014a. “Judicial Activism and the Media: Drawing the Thin Black Line.” Haaretz, May 9. www.haaretz.com/news/israel/.premium-1.589721 Google Scholar
Hovel, Revital. 2014b. “Panel: Israeli Judges Cant ‘Friend’ Attorneys on Facebook, LinkedIn.” Haaretz, February 2. www.haaretz.com/news/israel/.premium-1.571879.Google Scholar
Johnson, Tyler, and Socker, Eric. 2012. “Actions, Factions, and Interactions: Newsworthy Influences on Supreme Court Coverage.” Social Science Quarterly 93, no. 2: 434–463. doi:10.1111/j.1540-6237.2012.00842.x.Google Scholar
Kahana, Tsvi. 2013. “Majestic Constitutionalism? The Notwithstanding Mechanism in Israel.” In Israeli Constitutional Law in the Making, ed. Sapir, Gideon, Barak-Erez, Daphne, and Barak, Aharon, 73–90. Oxford: Hart.
Lehman-Wilzig, Sam. 2007. “The End of the Traditional Printed Newspaper: Factors of On-Line Journalism That Threaten Traditional, Printed Journalism.” In Dot.com Journalism: Internet News papers in Israel, ed. Schwartz-Altschuller, Tehilla, 199–242. Jerusalem: Israel Democracy Institute and Burda Center, Ben-Gurion University.
Mautner, Menachem. 2003. “Appointment of Justices to the Supreme Court in a Multicultural Society” (in Hebrew). Legal Research 19: 423–460.Google Scholar
Mautner, Menachem. 2011. Law and the Culture of Israel. Oxford: Oxford University Press.
Moyer, Laura, and Thornton, Matthew. 2014. “What the Justices Think of the Press.” In Covering the Supreme Court in the Digital Age, ed. Davis, Richard, 198–220. Cambridge: Cambridge University Press.
Peleg, Anat. 2012. Open Court (in Hebrew). Tel Aviv: Matar.
Peleg, Anat, and Bogoch, Bryna. 2012. “Removing Justitia's Blindfold: The Mediatization of Law in Israel.” Media, Culture, and Society 34, no. 8: 961–978. http://mcs.sage-pub.com/cgi/doi/10.1177/0163443712455558.Google Scholar
Peleg, Anat, and Bogoch, Bryna. 2014. “Mediatization, Legal Logic and the Coverage of Israeli Politicians on Trial.” Journalism Practice 8, no. 3: 311–325. doi:10.1080/17512786.2014.889449.Google Scholar
Peleg, Anat, and Bogoch, Bryna. 2015. “The Weakness of Strength: Perceptions of Professional Autonomy among Legal Journalists in Israel.” In Media in Transition (in Hebrew), ed. Elias, Nelli, Nimrod, Galit, Reich, Zvi, and Schejter, Amit, 220–245. Tel Aviv: Tzivonim.
Peri, Yoram. 2004. Telepopulism: Media and Politics in Israel. Stanford: Stanford University Press.
Platsas, Antonios E. 2012. “The Enigmatic but Unique Nature of the Israeli Legal System.” Potchefstroom Electronic Law Journal 15, no. 3: 11–38. doi:10.4314/pelj.v15i3.2.Google Scholar
Ravid, Itay. 2015. “‘Ready to Roll’? Has the Time Come for Cameras to Enter Israeli Courtrooms?” Paper presented at the annual meeting of the Law and Society Association, Seattle, WA, May 28–June 1.
Roitman, Yuval, and Ayelet, Oz. 2011. “ Whither the Israeli Legal Blogosphere” (in Hebrew). Maase Mishpat 4: 131–149.Google Scholar
Rubinstein, Amnon. 2006. “Farewell to Barak” (in Hebrew). Maariv, September 15.Google Scholar
Schulz, Pamela. 2010. Courts and Judges on Trial: Analyzing and Managing the Discourse of Disapproval. Hamburg: Lit Verlag.
Segev, Re'em. 2001. Sub Judice: Freedom of Expression in Matters under Adjudication. Jerusalem: Israel Democracy Institute.
Sheetreet, Shimon. 2014. “The Status of Codes of Judicial Conduct in Comparative Perspective.” In Culture of Judicial Independence: Rule of Law and World Peace, ed. Sheetreet, Shimon, 292–297. Leiden: Brill.
Sill, Kaitlyn L., Emily, T. Metzgar, , and Stella, M. Rouse, . 2013. “Media Coverage of the U.S. Supreme Court: How Do Journalists Assess the Importance of Court Decisions?Political Communication 30, no. 1: 58–80. doi:10.1080/10584609.2012.737414.Google Scholar
Staton, Jeffrey K. 2006. “Constitutional Review and the Selective Promotion of Case Results.” American Journal of Political Science 50, no. 1: 98–112. doi:10.1111/j.1540-5907.2006.00172.x.Google Scholar
The Judicial Authority (Israel). 2007. Code of Ethics for Judges, 5767–2007. http://Elyon1.court.gov.il/eng/ethic.doc.
Tsfati, Yariv, and Libin, Eran. 2003. “Israeli Journalists Give Themselves a Low Score” (in Hebrew). The Seventh Eye, March 1. www.the7eye.org.il/49096.Google Scholar
Vining, Richard L., and Marcin, Phil. 2014. “An Economic Theory of Supreme Court News.” Political Communication 31, no. 1: 94–111. doi:10.1080/10584609.2012.747189.Google Scholar
Weinshall-Margel, Keren. 2011. “Attitudinal and Neo-Institutional Models of Supreme Court Decision Making: An Empirical and Comparative Perspective from Israel.” Journal of Empirical Legal Studies 8, no. 3: 556–586. doi:10.1111/j.1740-1461.2011.01220.x.Google Scholar
Woods, Patricia. 2008. Judicial Power and National Politics: Courts and Gender in the Religious-Secular Conflict in Israel. Albany: State University of New York Press.
Woods, Patricia J. 2009. “The Ideational Foundations of Israel's ‘Constitutional Revolution.’” Political Research Quarterly 62, no. 4: 811–824. doi:10.1177/1065912909352178.Google Scholar
Yoaz, Yuval. 2007. “Beinisch Reprimanded the Judge.” Haaretz, February 21.
Yoaz, Yuval. 2014. “Broadcasts from the Court: A Small Hesitant Step to Transparency” (in Hebrew). Yediya Shiputit, Yuval Yoaz Blog. http://yuvalyoaz.com/2014/09/09/.Google Scholar
Zarchin, Tomer. 2011. “Precedent: PR Firm Plugs Candidate for Supreme Court.” Haaretz, November 28. www.haaretz.com/print-edition/news/precedent-pr-firm-plugs-candidate-for-supreme-court-1.398115.Google Scholar
Zimuki, Tova. 2007. “Beinisch's Voluntary Public Relations Agent” (in Hebrew). Yediyot Aharonot, December 12.Google Scholar
Zimuki, Tova. 2008a. “President against President” (in Hebrew). Yediyot Aharonot, January 15.Google Scholar
Zimuki, Tova. 2008b. “Head of the Judges’ Representative Body against Judge Beckenstein” (in Hebrew). Yediyot Aharonot, January 18.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×