Over the past few weeks, the Ofer brothers have been engaged in a no-holds-barred campaign to prevent the screening or broadcasting of Reporter Miki Rosenthal and Director Ilan Abudi’s film “The Shakshuka Method.” The film addresses the close ties between the State and Israel’s richest families, highlighting the case of the Ofer family.
After the cable network “Yes” ordered the film and then reneged on its decision to broadcast it, and other commercial networks rejected it, the film was screened at the Tel Aviv Cinematheque, but not before it had also received a warning letter from the Ofer family. Alon Garbuz, the Cinematheque’s director, displayed great courage, and organized an important panel discussion prior to the screening.
Over the past few months, the IBA’s Channel One (Israel’s public television station) has been considering the possibility of screening the film, and it also received two warning letters, from attorney Ram Caspi (who appears in the film) and from a British attorney. The latter explained that his clients have interests overseas that will be damaged if the film is broadcast, hence the authority can expect to be sued in London as well as in Israel if it is aired, which would entail hefty legal expenses, even if the claim turns out to be unfounded.
Prior to the IBA’s hearing on whether to air the film on September 15, ACRI Attorney Avner Pinchuk sent the IBA the following letter, asking it not to cave in to pressure from the Ofer family and to air the film.
Yesterday (September 16, 2008), the Broadcasting Authority decided to screen an edited version of the film.
September 14, 2008
To
Mr. Moshe Gavish
Chairman, Israel Broadcasting Authority
Mr. Moti Sklar
Director, Israel Broadcasting Authority
Dear Sirs,
Re: Broadcasting the film “The Shakshuka Method” on Channel 0ne
We are appealing to you to authorize the screening on Channel One of the film “The Shakshuka Method” by journalist Miki Rosenthal.
The film deals with a matter of the greatest public concern and, sadly, investigative journalism of the kind shown in the film is becoming rarer. The reasons are well-known: main media outlets, and among them television networks, are run by financial bodies, which are profit-oriented and subject to pressure from private-sector parties.
In light of this, the IBA is of crucial importance as a “non-commercial means of communication that is guided by broad interests and not only economic considerations” (HCJ 4562/92 Zandberg v. Broadcasting Authority, judgment 50 (2) 793, 816). The only reason for requiring the country’s citizens to pay a special broadcasting fee, is to ensure the IBA’s ability to act as a “public stage” free of pressure from powerful bodies in the public or private sector, along with the recognition that that this independence “is an important guarantee of the principle of freedom of expression” (HCJ 5503/94 Segel v. Chairman of the Knesset, judgment 51 (4) 454,529).
The warnings the IBA received against broadcasting this film, like the spate of warnings issued in the last few weeks to bodies wishing to screen or air the film, only underscore the enormous power wielded by the parties featured in this film and make its broadcasting even more pertinent. The public is entitled to receive information on and to discuss the status and influence of these parties and their like. Moreover, the attempts to prevent the investigation and discussion of this important issue make this more essential than ever.
Against this backdrop, the broadcasting of the film is crucial to freedom of speech and democracy in Israel. It is not by chance that this challenge has been laid at the IBA’s door since, as we have said, the preservation of its independent status was intended for test cases precisely such as this.
We ask the Authority to fulfill its mission and broadcast the film despite all the pressures and threats. If this happens, it will prove to be the IBA’s finest hour and Israeli democracy’s finest hour.
Yours Sincerely,
Attorney Avner Pinchuk
The Association for Civil Rights in Israel
