The Normative Framework - Freedom of the Press
- Freedom of the Press The public's right to know is derived from the constitutional right to freedom of expression, which in turn is a subsidiary right of the constitutional right to human dignity. At the basis of this proceeding is the clear assumption that freedom of the press is a protected value, a public interest that must be treated as a weighty consideration. Indeed, over the years, this Court has recognized the importance of freedom of the press in its rulings:
"A free press is 'a necessary condition for a representative regime, for proper and fair government, for human freedoms. In practice, it can serve as a test case for democracy: there is a free press - there is democracy; there is no free press - there is no democracy.' (Additional Civil Discussion Krauss, at p. 53). The free press plays a critical role in modern democratic society. Its role is expressed, inter alia, in being a source of scrutiny, criticism, and external supervision of the activities of the various state authorities [...]. The press plays an important role in expressing criticism of the actions of the government and in exposing negative phenomena and bringing them to the public's attention. The press is the public arena in which an effective exchange of opinions is possible. She plays a key role in bringing current information to the public's attention and raising awareness of issues of public importance. This role reflects not only the journalist's right to voice, but - mainly - the right of the individual to receive information" (Civil Appeal 751/10 Anonymous v. Dayan-Orbach, IsrSC 65(3) 369,434 (2012) [it should be clarified that these determinations remain in place even after further civil hearing 2121/12 Anonymous v. Dayan-Orbach, IsrSC 67(1) 667 (2014) (hereinafter: the Dayan case)]).
It was further determined that the press is "the long arm of the public, which is employed for the purpose of gathering information whose knowledge and publication are essential to the public, for the purpose of maintaining a corrected social regime, freedom of expression, and proper governance [...] The media are factors that assist in shaping the opinion of the citizen and enable him to weigh and choose freely, with knowledge of what is emerging and with the ability to assess the nature and nature of every event, every suggestion and every criticism" (Matter Citrine, at p. 358).