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  It's Wrong to Ban Publishing Names

By Ze'ev Segal
Haaretz
January 25, 2009

http://www.haaretz.com/hasen/spages/1058450.html

The law, as amended in 2002, allows a court to forbid publishing a suspect's name, even if the ban goes against the public interest. The amended law is an exception to the principle that the public has a right to know.

Until the amendment the publishing of a suspect's name could be blocked almost solely for fear of obstructing police investigation. The courts don't often make use of their power to prevent publication of a suspect's name after he or she is brought to court for arrest or remand extension.

The Supreme Court weighed the damage that could be done to a suspect by releasing his name and the public interest in releasing it in a case of a person suspected of severe sexual abuse of minors. This is similar in principle to the affair now being debated.

Former Supreme Court Justice Mishael Cheshin stressed at the time the special "public interest" in releasing the suspect's name, as a warning to others. He also said that releasing the name of a sex-crime suspect could bring to light other sexual assaults and strengthen the evidence.

The court ruled that it was important to publish public figures' names, as this could clear other public figures who might be seen as suspects following reports that a "public figure" had been arrested - such as a "senior media figure," "a well-known lawyer," etc.

However, publication could be avoided until the suspect was indicted to prevent causing him "grave damage."

The court justified releasing the suspect's name, although he said grave damage would be caused to himself and his family, due to the severity of his alleged acts, the apparent evidence and the possibility that publication would lead to the filing of more complaints against the suspect.

These interests are more important than the interests of the suspect and his family.

The Tel Aviv Magistrate Court's ruling banning the release of some suspects' names, inter alia because they are public figures, is not in keeping with the Supreme Court's ruling, which sees publicity and public discussion as a "supreme principle."

Upholding the ban on releasing the names of "celebrities" generates rumors and casts suspicion on many. It unjustly discriminates between celebrities and other suspects.

 
 

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