Freedom of speech at risk for haredi critics

Key Findings:

The approval of a bill expanding Israel's anti-racism statutes to include incitement against the Haredim (ultra-Orthodox) community may have unintended consequences and further ignite incendiary criticism. The proposed legislation poses threats to freedom of speech, substantive debate, and even the well-being of the ultra-Orthodox themselves.

The Haredi community has faced increasing criticism in recent years, particularly in light of their demographic growth and behavior of some members during COVID-19. This intensified criticism, coupled with the community's support for judicial reforms and budgetary demands, has led to feelings of distress and discomfort among the Haredim. As a response, a bill was sponsored to criminalize incitement against the Haredi public under the charge of "incitement to racism.”

However, this is a problematic idea for several reasons. The offense of "incitement to racism" is vague, and its enforcement policy lacks clarity. Defining criticism of the Haredim as a criminal offense could have far-reaching implications for public discourse, potentially "criminalizing" Israeli public debate. The law could set a precedent where criticism of any group could be labeled as "incitement to racism," eroding freedom of expression.

Moreover, extending the crime of “incitement to racism” to groups criticized for their conduct could be dangerous. It may lead to a race to the bottom, where criticism of various groups becomes criminalized. In a society where every group feels like a minority, such legislation could have wide-ranging consequences.

Furthermore, this bill is detrimental to the Haredi community itself. It reinforces the perception that the Haredim seek to wield political power to silence criticism and act as if they are exempt from accountability to the State of Israel and its non-Haredi citizens. Instead of silencing or softening criticism, the legislation may exacerbate tensions and further inflame the situation.

In today's Israel, characterized by divisions and heightened political discourse, criminalizing criticism undermines freedom of expression and impedes constructive debate. While substantive and less hostile public discourse is desirable, the path to achieving it should not involve criminalizing criticism.