Israel seeks bill to allow police to probe ‘incitement to terrorism’ without approval

A new bill advancing through the Knesset’s Constitution, Law and Justice Committee would allow Israel Police to investigate suspected incitement to terrorism without needing approval from the State Attorney’s Office.

According to the Times of Israel, this proposal has raised alarms among civil rights groups and opposition MKs, who argue it could limit free speech.

Currently, such investigations require State Attorney approval to prevent overly broad interpretations of the law that could infringe on free expression. In July, State Attorney Amit Aisman revealed that police had initiated several investigations into incitement or speech-related offences without proper authorisation, bypassing his office’s directives.

Introduced by far-right MK Limor Son Har Melech, of the ultranationalist Otzma Yehudit Party, the new clause in the legislation is part of a broader bill that aims to tighten restrictions on incitement, extending the ban to include praise for individuals who commit terrorist acts, not just the acts themselves, reported the Times of Israel. 

If enacted, the law would enable police to act on formal complaints “or in any other manner.”

The bill passed its first reading in the Knesset in July, but Son Har Melech is now pushing for even stricter measures. A committee hearing on the bill, scheduled for today, was postponed due to scheduling conflicts with officials from the State Attorney’s Office and the National Security Ministry. The hearing is expected to be rescheduled soon.

Israeli Labor MK Gilad Kariv criticised the proposal, warning that it could be used to politically intimidate individuals, especially given far-right National Security Minister Itamar Ben-Gvir’s growing influence over the police. Kariv argued that removing the requirement for State Attorney approval could lead to excessive investigations aimed at silencing dissent.

“Establishing that the police would not need the approval of the State Attorney’s Office to open investigations into incitement to terrorism would lead to endless investigations to muzzle and intimidate suspects, and political investigations,” said Kariv.

Civil rights groups have consistently raised concerns about what they describe as “political persecution” by the police targeting Arab citizens of Israel, especially since 7 October.

In April, Adalah – The Legal Centre for Arab Minority Rights in Israel appealed to the attorney general and state attorney, calling for an end to what it described as police abuse of the criminal code “as a means of political persecution and suppressing freedom of expression.”

However, in response, MK Simcha Rothman of the Religious Zionism Party defended the legislation, arguing that incitement to terrorism does not fall under the protection of free speech.

He wrote an X: “Incitement to terrorism is the nourishment on which the [Hamas] Nukhba terrorists grew, on which the Gazan masses who saw the hostages and who cheered the kidnappers grew, who went out en masse, youths and elders, to murder, loot, rape and burn in the surrounding towns.”

“Inciting terrorism is not part of freedom of expression. It is sometimes much more serious than the actual acts of terrorism, because one inciting imam can create thousands of terrorists.”

He added: “Zero tolerance for incitement to terrorism! That is the line I have been leading since I was elected to the Knesset.”

READ: Israel updates war goals with fate of Defence Minister unclear