A picture has always been said to be worth a thousand words. But as photographic technology advances and becomes more accessible, and as social networks become more advanced and applications for sharing images grow and spread, the place of photographs and images in our lives expands. Photography and filming are among the simplest and most effective tools for exercising the right to freedom of expression and for the public to gain access to information.
Often, visual documentation can also be used as important evidence in court and to establish or deny suspicions. In situations of conflict and confrontation, cameras have the power not only to document events, but also to curb violence.
Photography in demonstrations in general and in demonstrations in the Occupied Territories in particular serves several purposes: it is an instrument for spreading the protest's message, but also insurance of sorts against arbitrary violence and illegal measures that might be used against the demonstrators.
Despite the fact that in recent years, security forces have tended to be more tolerant towards photographers in the territories and even to increasingly use photography themselves, incidents of harassing photographers, prohibiting photography and even confiscating photographic equipment are still common. In order to deal with these phenomena, photographers must be well-aware of their rights.
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The rule is that everyone has the right to freedom of information, which includes the right to photograph, document events, and gather information.
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Under martial law, photography and videotaping in the territories are permitted, including photographing military or police forces, as long as it does not include documentation of police checkpoints, is not intended to collect classified and sensitive intelligence information, and does not interfere with the activity of army or police forces.
Photography and documentation are allowed during demonstrations and protest events, during clashes or confrontations with civilians and/or security forces, and in the course of home invasions. Documentation of arrest and detainment processes and of military orders is also always permitted, and security forces are not authorized to demand its discontinuance, to confiscate cameras or other equipment, or to delete materials.
However, martial law prohibits the photography of police checkpoints, military facilities, General Security Service (Shin Bet) personnel, or hearings in military courts. If soldiers or police officers demand the cessation of photographing or filming in these cases, they are authorized to do so.
The legality of the documentation does not hinge upon whether it is performed openly or covertly, but only on the objects being photographed. In general, the rules stated above apply both to concealed and apparent photography.
Photographing and videotaping in checkpoints is a borderline case, because seemingly there is no explicit prohibition on documenting checkpoints that are not police checkpoints, but the claim could be made that such photography raises concerns for the collection of information about security checks and measures, and therefore this kind of documentation could be deemed as gathering “information of military value” or as collecting classified intelligence information.
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The rule is that police officers or soldiers are forbidden to confiscate cameras or peripheral equipment, or to delete materials from cameras.
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This rule has one exception, which permits army or police to confiscate material when there is reason to believe that it could be used as evidence that an offense was committed. However, this exception does not grant the authority to delete any photographed material from cameras. The destruction of evidence is always prohibited and constitutes a violation of Israeli criminal law.
Despite the aforementioned rules, and as can be seen from many examples of demonstrations and protest events in the territories, documentation could expose the photographers to detainment or arrest and to legal proceedings, even if the demand by police officers or soldiers to stop photographing is made, in most cases, without authority. An unauthorized demand justifies filing a complaint, and all the more so when a soldier or a police officer assaults a photographer, damages a camera or peripheral equipment, confiscates equipment, or deletes materials.
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Here you will find a list of addresses to turn to in cases of such violations.