On November 8, 2023, the Knesset (Israel’s parliament) adopted the Combating Terrorism Law (Amendment No. 9 and Temporary Order), 5784-2023. The amendment law amends the Combating Terrorism Law, 5776-2016, as amended, with effect for two years from its date of publication, November 12, 2023.
The amendment law imposes one year of imprisonment on a person who systematically and continuously consumes publications of a specified terrorist organization in circumstances indicating their identification with the terrorist organization. (Combating Terrorism Law § 24(c1)(1).)
To constitute an offense, the publication must directly call for perpetrating an act of terrorism, or express praise, sympathy, or encouragement for, or document the commission of such an act. (§ 24(c1)(2).) Publications “made at random, in good faith or for a legitimate purpose, including for the purpose of making information available to the public, preventing [perpetration of] terrorism offenses or research” are excluded from those that may trigger prosecution. (§ 24(c1)(3).)
The amendment law authorizes the minister of justice, with the consent of the minister of defense and the approval of the Knesset Constitution, Law and Justice Committee, to add a terrorist organization as defined by the law to the list of organizations enumerated in the second addendum of the amendment law. The minister of justice may implement this authority if they are convinced that consuming the organization’s publications systematically and continuously creates a risk of perpetrating an act of terrorism “in view of the characteristics of the organization, its areas of activity and the manner in which it recruits operatives to the organization.” (§ 24(c1)(4).) The second addendum of the amendment law lists ISIS (Daesh, the Islamic State, the Islamic State in Iraq and Syria, ISIL, the Islamic Caliphate, Al-Qaeda Iraq) and Hamas as organizations whose publications may trigger prosecution. Reportedly, the Islamic State (ISIS) actively recruits people, especially youth, willing to commit individual terrorist acts in the name of ISIS through social networks and online publications.
The amendment law obligates the minister of justice to report to the Knesset Constitution, Law and Justice Committee biannually, on June 1 and December 1, about how the provisions regarding prosecution for consuming publications of terrorism organizations have been implemented. The report must include the number of investigations opened, the number of persons arrested under suspicion, the number of indictments filed, and the results of criminal proceedings held in the six months preceding the reporting date. The information reported must specify the terrorist organizations whose publications were unlawfully consumed. (§ 99(b).)
While some civil rights organizations criticize the law, arguing that it may lead to “punishing people not based on their actions,” the amendment bill’s explanatory note states:
The temporary order is intended to provide, for a limited period … another tool in the struggle against terrorism, with an emphasis on individual attacks, which are characterized by perpetrators of acts of terrorism who do not belong to terrorist organizations but whose motivation to perform the acts stems from intensive consumption of terrorist publications of terrorist organizations with certain characteristics. This need is intensified in light of the current security situation and concern that it could be exploited by those terrorist organizations. Intensive viewing of terrorist publications of certain organizations may create a process of indoctrination, a kind of self-“brainwashing,” which may bring the desire and motive to commit an act of terrorism to a very high level of maturity, with the final trigger that will bring the consumer of terrorist content to commit an act of terrorism being a random factor that may not be anticipated or prevented in advance. (Combating Terrorism Law (Amendment No. 9 and Temporary Order) (Consumption of Terrorist Publications), Draft Bill, 5784-2023, Government Bill No. 1664 (Oct. 25, 2023), at 53.)
Ruth Levush, Law Library of Congress
January 8, 2024
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