The Israeli journalism community was enraged to learn of Attorney General Yehuda Weinstein's decision to file criminal charges against journalist Uri Blau, to whom Anat Kam delivered thousands of classified military documents.
Kam was convicted of espionage and sentenced to four and a half years in prison. Blau, who returned to Israel after a lengthy stay abroad, is now facing charges of unauthorized possession of confidential information.
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The AG said that the State Prosecutor's Office, as well as the Shin Bet and the police, found strong evidentiary grounds for a case against Blau, adding that, "The potential for damage in the unprotected possession of the documents was enormous."
Dozens of prominent journalists from the print, broadcast and online media appealed to Weinstein Thursday to dismiss the case.
The decision to indict a reporter for using materials provided by a source is not only unprecedented, but also "deals freedom of the press in Israel a crushing blow," the appeal warned. "A decision to indict Uri Blau is a decision to indict all of us."
The Journalists' Labor Association issued a statement strongly condemning the AG's decision. It also plans to stage a protest rally outside the Attorney General's Office in Jerusalem, on Sunday.
"This decision poses a risk to freedom of the press in Israel, which is the very breath of democracy. Journalists who foster relations with security source are, eventually, exposed to sensitive materials. The Israeli media follow the rules of law and ethics and publishes such reports only after they have been cleared by the Military Censor. Uri Blau did the same."
Sans confidential sources, the statement continued, "There is no way to expose corruption, wrongs and conspiracies whose perpetrators would prefer the public remain oblivious to… This will empty the role of the journalist from its core purpose – to serve as democracy's watchdog.
"Indicting Blau will sterilize journalism from its basic ability to cover and criticize the defense establishment independently from its own spokespeople. This is unacceptable and cannot be allowed in a democratic state.
"Blau's name may head the indictment," the statement concluded, "But it will serve as an indictment against any journalist who ever got a sensitive document from a confidential source."
'Dark day for Israeli democracy'
Senior Yedioth Ahronoth journalist Yigal Serena was quoted by the Walla website – where Anat Kam worked at the time the allegations against her were first made – as saying that Weinstein's decision "is part of the attempts to silence journalists in Israel. The problem isn’t that reporters have access to confidential materials. There is a long, ongoing decline in investigative journalism in Israel and this is another step in it.
"This didn’t come up out of nowhere. This is part of the long process of the collapse of free press. The AG just put another nail in the coffin."
Ronen Bergman, Yedioth Ahronoth's senior intelligence correspondent added: "This unprecedented decision has made it less safe for us to cover the defense, security and intelligence arenas.
"We'll look back at this decision one day and wonder what we were thinking. This situation is absurd, there is no justification for such a measure. This is a dark day for Israeli democracy."
"This will take an unbelievable toll on the press in Israel. I hope the court throws this case out," senior Haaretz political commentator Akiva Eldar said. "Maybe then the AG will learn the freedom of the press is sanctified.
"Blau didn’t break any laws… He did what every journalist would have done – he turned it over to the Censor and abided by their decision."
The report further quoted Channel 2's senior military correspondent Roni Daniel as saying that the problems lies less with Blau's de facto possession of classified documents and more with his personal conduct vis-à-vis the authorities, after the case broke.
"I strongly dislike a situation where a reporter is prosecuted for doing his job. I understand the AG's position. The lesson here is that (reporters) have to be vigilant and specific in their work."
Channel 2 "Ovda" anchorwoman Ilana Dayan added: "Anyone who fails to see what's wrong with this indictment, who fails to realize the danger of using criminal law against a reporter who was in possession of materials so he could do his job, has either lost touch with the basic fundamentals of democracy, or worse – despises them."
Sharon Gilad contributed to this report
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