In the Be'er Sheva case 298/86 Ben Tzion Citrin v. The Disciplinary Court of the Tel Aviv District Bar, 2 (2) 337, the Supreme Court ruled that although Israeli law does not include this privilege, For a journalist to refrain from revealing his sources, by virtue of the supra-constitutional principles of freedom of expression and freedom of the press.
About 25 years later, the same Ben Tzion Citrin, now a spokesman and media consultant, served as the spokesman for a candidate for elections. In the course of an election campaign, an article was published in the paper about another candidate, and the same candidate sued Ben Zion Tzitrin for being the spokesman of the second candidate in the libel suit for leaking the article to the newspaper. The spokesman denied his involvement but the District Court ruled that since he is a strong speaker he leaked, and in any case the speaker chose not to bring the journalist to the testimony, although he could bring it and give up his journalistic immunity as a source and thus prove his innocence. Ben Zion Tzitrin appealed to the Supreme Court in order to protect the privilege named after him.
The Supreme Court held that there is no cause for concern raised by the appellant. It can be inferred from the ruling of the lower court that the decision to dismiss the petition is nullified, or that the journalist is not summoned as a witness.
For the full disclosure: The appellant, the spokesman and media consultant Ben Zion Citrin, represented attorneys Doron Afik and Shira Porat of Afik & Co..
Published in Afik News 165 12.11.2014