Israel: Facebook Posts Can Land You In Prison

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On Tuesday, an Israeli court, sentenced a Palestinian for incitement and for supporting a terrorist organization based on Facebook posts that applauded militant attacks, his lawyer said. It was a rare case in which statements on social media were regarded as a crime.

The defendant, Omar Shalabi, 45-year-old father of six, from East Jerusalem, was sentenced to nine months in jail for 10 posts to his 5,000 friends and 755 followers, that urged them to undertake “violent acts and acts of terrorism,” said the Hebrew-language indictment.[1]

His posts included a photo of a Palestinian man who was killed after he crashed his car into a group of pedestrians in Jerusalem, killing a baby.

Four days after the attack, he wrote, “Hundreds of Jerusalem’s men are rising from their graves, and from under the hands of deprivation to cheer the soul of the martyr,” according to the charge.

In another, Shalabi praised two cousins who had stormed into a Jerusalem synagogue in November, killing five men.  Along with posting the attackers’ photographs, Shalabi also wrote: “Ask death to grant you life; glory is bestowed upon the martyrs”.

These posts motivated other Facebook users who shared the inciting contents with their friends and followers, who in turn supported the posts by pressing the “like” button,” the indictment said. “The mere use of this media, as the defendant has done, serves as a severe act, given the extensive circulation of the messages, as well as the ease with which these messages spread”.

Shalabi's FB post where he hopes that a terror victim dies
Shalabi’s FB post where he hopes that a terror victim dies

 Eitan Kornhauser, the judge responsible for this case,  ruled that Shalabi published “harsh and serious incitement, including praise for despicable murders, and words of encouragement for committing similar acts all within a period of several months”. He further determined, that the nature of the writings and the inclusion of photos immediately following attacks against Israeli soldiers and civilians “testify to the seriousness of the incitement”. [2]

There exists the necessity of determining clear and sharp borders of punishment which will provide a warning light for those using a keyboard,” Kornhauser said, as he emphasized the “sensitive security situation” in which the postings were made.

On the other hand, Tareq Bargouthi, Shalabi’s lawyer, stated that he should not have been sent to prison because this is a new topic “for which exists the obligation to warn Facebook users before it is determined that they are not within the framework of freedom of expression”.

Left,Omar Shalabi
Left,Omar Shalabi

There are many who believe that this is a case of selective enforcement by Israeli law officials. There are countless people who put up opinionated posts on Facebook, yet no action has been taken against them.

The punishment is exaggerated as this is the first time a person is put in jail for Facebook postings, such that a policy of gradual punishment should have been adopted.” said Barghouti, speaking to the Israeli news portal Ynet.


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Sources:

[1] http://www.nytimes.com/2015/05/13/world/middleeast/israel-jails-palestinian-applauded-militant-attacks-facebook.html

[2]http://thefifthcolumnnews.com/2015/05/posts-on-facebook-can-now-lead-to-charges-in-israel/


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