Attached is an article published by the reporter Ela Levi-Weinrib on November 25, 2015, in the Globes newspaper and also on the NRG news website regarding legal proceedings in which our firm has represented a client in the Supreme Court.
In the Supreme Court case 298/86 Ben Zion Citrin v Disciplinary Court of the Tel Aviv Bar Association, PD 41(2) 337 the Court held that although Israeli law does not include this privilege, journalistic-source privilege exists, enabling a journalist to refuse to reveal sources under the constitutional principle of freedom of expression and freedom of the press.
About 25 years later, the same Ben Zion Citrin, currently practicing as a speaker and media consultant, served as spokesman of a candidate in elections. As part of a campaign a newspaper article was published regarding the other candidate and that other candidate sued, among other defendants, Ben Zion Citrin. The spokesperson denied involvement but the District Court held that being a spokesperson it is assumed that he was the source and held against him the fact that he chose not to bring the journalist to testify that he was not her source. The Court noted that he could have brought her and waive any privilege he may have as a source. Ben Zion Citrin appealed to the Supreme Court with the representation of Afik & Co. law office, to protect the privilege. At the same time two other parties challenged the verdict.
The Supreme Court fully accepted the position of the client of Afik & Co. and clarified that the District Court decision does not mitigate the journalist-source privilege and does not create any presumption against a party not bringing forth a journalist as a witness or any other presumption against spokespersons and media consultants. The other two appeals were rejected by the Supreme Court and the Supreme Court also ordered costs in favor of Ben Zion Citrin.
The appellant, speaker and media consultant Ben Zion Citrin, was represented by attorneys Doron Afik and Shira Porat of Afik & Co., attorneys and notary.
The article in the Globes newspaper (in Hebrew only) can be found at:
http://www.afiklaw.com/files/press/p193.pdf
http://www.globes.co.il/news/article.aspx?did=1001083791
http://www.nrg.co.il/online/16/ART2/739/700.html?hp=16&cat=168&loc=4