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Jump to navigation. A photographer, who had been invited by one of the participants, was present taking photographs. The police sought an order, pursuant to section 43 of the Criminal Procedure Ordinance, requiring the photographer and her newspaper to produce the photographs.
The magistrate court applied the Citrin test and rejected the privilege claim. The district court ordered the respondents to hand benjamin vigoda dissertation the first series of photographs to the police, but that the privilege could not be removed with respect to the second group of photographs, benjamin vigoda dissertation.
However, it also found that the police could request a court order pursuant to section 43 to have this second group of photographs handed over as well, the extent benjamin vigoda dissertation an investigation had been initiated regarding the events that they documented and that the photographs could be relevant to that investigation. The reason for the Citrin test is to balance the value of a free press against the interest in investigating criminal activity and the pursuit of the truth.
The privilege can be removed pursuant to the Citrin test if the information that is sought is shown to be both relevant and significant, and if it is proven that the authorities benjamin vigoda dissertation no available alternative through which the information can be obtained. Another relevant matter will be the issue of whether the source shared the information with the journalist with an expectation that it will be kept secret.
A promise of confidentiality is not determinative, but it is a relevant factor. Applying the Citrin rule specifically to this case, the photographs satisfy the relevancy and substantiality requirements established in that case.
Application for Leave to Appeal the Decision of the Jerusalem District Court Judge M, benjamin vigoda dissertation. Hacohenbenjamin vigoda dissertation, dated 3 Januaryin MApp Before Justice E. Rubinstein, U. Vogelman, I. Israel Bar Association Disciplinary Court, Tel Aviv [] IsrSC 41 2 Al Mamuniya Girls School unreported. State of Israel [] IsrSC 58 4 9. Shemesh [4] unreported. Minister of the Interior [] IsrSC 7 Levy [] IsrSC 16 Film and Play Review Council [] IsrSC 41 1 Military Censor [] IsrSC 42 4 State of Israel unreported.
Israel Electric Corp. Minister of Education and Culture [] IsrSC 38 3 Director of the Internal Police Investigations Department unreported. Evrat Insurance Agency [] IsrSC 55 3 Gilad [] IsrSC 49 2 Chief Military Prosecutor [] IsrSC 61 1 Tempo Beer Industries Ltd.
Holon Municipality Assessment Commission [] IsrSC 21 1 Nazareth Textile Industries Ltd. the Jerusalem Regional Committee of the Israel Bar Association [] IsrSC 59 6 Reshet Schocken Ltd.
Bank Mercantile Discount [] District Cases 2 Nat'l Broadcasting Co. United States District CourtF. Canada Attorney GeneralC. This is an application for leave to appeal a decision of the Jerusalem District Court Judge M. Hacohen in MiscAppissued on 3 January Orderissued on 15 December The case involves photographs taken by respondent 2 in the framework of violent demonstrations. After the events took place, the police asked respondent 2 by way of issuing an order to deliver to the police the pictures she had taken during the events.
The main issue under dispute here is the scope of that privilege. On the night of 12 December - 13 DecemberJewish demonstrators carried out violent disturbances at the Ephraim District Brigade Headquarters, benjamin vigoda dissertation, and infiltrated the headquarters base and injured the Deputy Commander of the brigade. She informed him that she worked for the Makor Rishon newspaper which is operated by respondent 1.
During the hearing the petitioners argued that the photographer had not photographed the infiltration of the base and the attack on the deputy commander, but had instead taken pictures at a different event, which took place several hundred meters away from the base, benjamin vigoda dissertation which no military commander had been attacked.
It was also argued, and this is the main point, that the photographer had been invited to photograph the demonstration on condition that her sources not be disclosed in any manner. It was nevertheless held that in this case the requested material is the information and not the source, and that there is no proof that the disclosure of the information will disclose the identity of the source. The court therefore decided to remove the privilege.
The court emphasized that the requested information was benjamin vigoda dissertation to the investigation; that the alleged crimes were serious and that there was a public interest benjamin vigoda dissertation exhausting all avenues of investigation as quickly as possible.
The petitioners claim that the production of the photographs would lead to the disclosure of the identity of their source. The court therefore ordered that the material be produced. The petitioners appealed this decision to the district court, benjamin vigoda dissertation. There were three main issues in this appeal. The first was the applicability of an order to seize pursuant to s.
We begin by noting that this test examines three points — the relevance of the material to an investigation, the nature of the information and the ability to obtain it from other sources. The court also noted that when a privilege claim is raised against an order pursuant to s. The court noted that there was no documentation of the person who had set fire to the tires or of the fact that they had been put on fire. It was also noted that a number of individuals appear at that event, some of whom can be identified; that there are no dates on these pictures, and they do not identify benjamin vigoda dissertation damage to persons or to property, benjamin vigoda dissertation.
Before dealing with the question of the removal of the privilege, the court must deal with the scope of the privilege — which is the core of the dispute in this case. It was noted that this approach has been the norm in the case law of the district courts, but has not yet been decided by the Supreme Court.
It was held benjamin vigoda dissertation under the circumstances, there is a public interest in honoring the agreement between the photographer and the source, so as not to deter informants from cooperating with journalists.
In order to examine the issue of whether it is necessary to remove the privilege, the court held that it must determine whether the tests developed in Citrin [1] have been satisfied.
With respect to the second test, the court held that the issue regarding which the order was sought was an important one in which the public had a very significant interest. Regarding the third test — the existence of an alternative method for obtaining the requested evidence — the court held that not enough had been done to obtain it.
The court noted that in the hearing held on 22 Decemberthe respondents stated that they would not object to delivering the pictures, to the extent that they were direct documentation of the infiltration into the regional headquarters base and of the attack on the deputy regional commander. However, it was also said that if a journalist has taken photographs at an event with an apparent criminal aspect, in a public space, benjamin vigoda dissertation the photographer argues that a promise was made to the source not to publicize it, the court must question the journalist with regard to the sincerity of his claim before granting the petition for an order pursuant to s.
On the other hand, when a journalist is at the site of an incident, either as a matter of coincidence or benjamin vigoda dissertation arrived there without the source having stipulated that material should be published only with his consent, it is doubtful that the privilege applies, and the material must be provided to the police.
In conclusion, as stated, the court held that a distinction should be made between the two groups of photographs. The series showing the burning tires were ordered to be handed over to the police. With regard to the remaining photographs, including those providing apparent documentation of a criminal event — the court held that insofar as an investigation benjamin vigoda dissertation begun and the petitioner believes that this benjamin vigoda dissertation is required, the petitioner can ask the court for an order pursuant to s.
It is further argued that in this case the district court expanded the Citrin rule to reach not only the information that had been provided to the journalist and which can endanger the source, but also information that has not been provided to the journalist but of which the journalist became aware in the context of objective documentation, benjamin vigoda dissertation, while he was present at a specific incident; and that the district court extended the privilege in this way because a promise had been given to a source not to publish the latter information without approval.
It is argued that the application of the privilege only because of the existence of a promise given by the journalist to the source can also lead to the flow of selective information, as dictated by the interests of the sources. Regarding the information itself — the pictures — the petitioner argues that the district court erred in distinguishing between the two series of photographs, in the sense that it did benjamin vigoda dissertation view them as pictures of a single event related to the infiltration of the Efraim Regional Headquarters.
The petitioner argues that the order pursuant to s. It is also argued that the district court should have accepted the supplementary argument regarding the scope of the investigation — a matter which the state sought to appeal. It should be noted that the respondents do not benjamin vigoda dissertation that the second test— the existence of a significant issue — had been satisfied.
According to the Council, in the years since the establishment of the rule of Citrin [1] a case decided in a clear position has developed, indicating that information is protected by the privilege — a position which should be established in the case law of this Court as well.
According to the Council, the privilege should apply to benjamin vigoda dissertation information that the source provides to the journalist even if it was not provided directly to the journalist by the source, and to all information that reaches the journalist even if he obtained it solely through his own personal and professional activity without any source whatsoever having provided it to him.
The Council reasons that benjamin vigoda dissertation privilege should also apply to any analysis of such information that the journalist has carried out. It is therefore necessary to have the privilege apply to information as well, in order to ensure protection of the source, benjamin vigoda dissertation.
It is also argued that the privilege should apply to information for contractual reasons, in light of the trust relationship that exists between the parties. If a party is likely to have his identity disclosed by a journalist, he will hesitate to provide information in which the public has an interest, such as corruption. Attorney Granot argued for the petitioner that the district court expanded the scope of the privilege beyond what is necessary under the circumstances of the case, and applied it to information that does not serve to benjamin vigoda dissertation the identity of the source, benjamin vigoda dissertation.
It is argued that this expansive view of the privilege was also applied in other district court decisions, and that this expansion harms the objective of uncovering the truth, which is the objective of the privilege itself. Regarding the scope of the privilege, it is argued that because the privilege is qualified and not absolute, it is proper that it should apply to a wide range of cases.
We have decided to grant leave to appeal, and to deliberate the case as if an appeal had been filed in accordance with the leave that has been granted.
And we have also decided to grant the appeal in part, benjamin vigoda dissertation. We have three concrete issues that are presented in this matter. The first is the request pursuant to s, benjamin vigoda dissertation.
Section 43 of the Criminal Procedure Ordinance and the argument regarding privilege in the context thereof. In generalbenjamin vigoda dissertation request for an order pursuant to s. Requests pursuant to s. Al Mamuniya Girls School [2]per Justice Arbel, at para. The section has two threshold requirements, which must both be satisfied — the need for the item for the purpose of the investigation, and the possibility that it is in the possession of the party to whom the order is issued.
State of Israel [3]benjamin vigoda dissertation, at p.
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