In response to the passage by the Israeli Knesset of a law criminalizing minimization, denial, or celebration of Hamas’ attack on October 7th, 2023, PEN America issued the following statement:
“This law sets a dangerous precedent by encouraging the criminalization of speech that does not incite violence or amount to hate speech. The broad and vague definitions, coupled with a lack of due process protections, risk stifling free speech, curbing academic freedom, and increasing the risk of abuse by authorities. This overreach not only threatens intellectual discourse but also endangers the right to engage in open debate on sensitive issues. It will inevitably open the door to further suppression of critical voices, including those who seek to engage in historical inquiry, conduct reporting, or express their own understanding of events.”
Modeled after a 1986 law prohibiting Holocaust denial, this law stipulates that “Anyone who says or writes things denying the October 7 massacre with the intention of defending the terrorist organization Hamas and its partners, expressing sympathy for them, will be sentenced to five years in jail.” “The lack of clear definitions for terms including ‘intentional support’ or ‘expressing sympathy’ creates a high risk of misinterpretation and criminalization of legitimate discourse, creating a chilling effect on speech and raising concern among Israeli human rights groups.
While minimizing or denying the suffering of Israeli civilians on October 7th is repugnant, it does not meet the test for limiting speech and should, therefore, not be punishable by law. PEN America urges Israeli lawmakers who care about freedom of expression to challenge this decision and protect citizens’ free expression. The fight against violence should not come at the cost of silencing essential dialogue.
In 2024, PEN America documented a widespread crackdown on freedom of expression both in Israel and the Occupied Palestinian Territories, which led to Israel ranking fifth worst jailer of writers globally for the first time, according to PEN America’s 2023 Freedom to Write Index.