ladaat  

Israel's Electronic broadcasting:
Reporting or Managing the News ?

6.  The Israeli Broadcast Media During the 1996 Election Campaign

Yisrael Medad & Prof.  Eli Pollak
Israel’s Media Watch

"The Israel Broadcasting Authority’s obligations as a quasi-governmental institution include: objectivity, prevention of the politicization of the Authority, fairness, equality, no conflict of interests, and integrity in its decisions". Aaron Barak, President of Israel’s Supreme Court, Speech, May 13, 1996.

1.  Introduction - 2.  Israel’s Broadcast Media - An Overview
3. The Ideological Identity and Credibility of Israel’s Media
4. The Media Treatment of the Oslo Process
5. Rabin’s Assassination and the following Week as Reflected in Channel One’s TV Broadcasts
6.  The Israeli Broadcast Media During the 1996 Election Campaign
7. Imbalance in the Israel Broadcasting Authority’s Programs
8. Conclusion
9. References - Selected Bibliography of Works Consulted - Notes


6.  The Israeli Broadcast Media During the 1996 Election Campaign

A.     Infractions of the Electioneering Law

The influence of the mass  broadcasting media on an elections campaign at
the end of the 20th century is crucial.  The selection of news items, their
repetition, the coverage of candidates, general events, participation in
interview programs - all this represents a consideration on the part of the
voter.  That elections are equal for all is an elementary principle of the
democratic process.  As much as possible, each candidate must receive an
equal chance to present his position.  Therefore, not unlike other
enlightened countries,  the electronic media in Israel is restricted, in
part, during an election campaign by law.

In the clash between freedom of expression and the right of the public to
know on the one hand, and the freedom of choice and the principle of
equality on the other, the law comes down of the side of the most feasible
democratic election process.  The election campaign must be held in a fair
manner which does not award an artificial advantage to any side, especially
not to those parties that are veteran, large and  participate in the
running of government.  As such, paragraph 5 of the Election Law
(Electioneering) that was applicable during the elections for the 14th
Knesset and the Prime Minister in 1996 (a subsequent leniency has been, in
the meantime, legislated) fixed two periods, one within the other.  During
the 60-day period prior to election day, "no electioneering" may be
broadcast and during the 21-day period prior to election day, "no events
may be broadcast in which candidates for the Knesset participate".

The then chairman of the Central Elections Committee, Supreme Court
Justice Theodor Orr, made it clear in a letter he sent to all directors of
broadcasting authorities on March 27, 1996 that "every specific broadcast
or program must be reviewed in their special circumstances in order to
ascertain that they do not contain any electioneering".


  The Israel’s Media Watch staff researched the transmissions of both
television channels, One and Two, during the entire 60 day period leading
up to ballot day.  The programs selected for the study included all the
news and central current affairs programs.  The results indicated that
every day there was a violation in one form or another of the law
prohibiting election propaganda.  The infractions were committed by
reporters, broadcasters, show hosts, editors and producers and, on the side
of the politicians, by representatives of the two major blocs as well as
other guests on interview shows.  They all exploited loopholes so as to
promote a political stand.  The majority of the infractions were done by
members or sympathizers of the-then coalition parties, Labor and Meretz.

There exist three options to enforce the election law: in a volunteer
fashion by the broadcasting authorities themselves; by the Central
Elections Committee; and by a judicial action brought by the
Attorney-General’s office or by the State Prosecutor or the police.  The
networks did not exert themselves in enforcing that which is prohibited and
basically ignored their responsibilities.

For example, Channel Two’s main evening news broadcast included a short
daily item entitled "Political Area".  Reported by Itai Engel, it included
unadulterated political campaign propaganda, mouthed, even if by people in
the street, on behalf of the two prime minister candidates as well as a
variety of parties.  The complaints submitted by IMW to the Complaints’
Commissioner of the Second Authority were of no use.  It was only after
that IMW threatened to undertake legal steps and then, after tough
negotiations with the legal advisor of the news corporation, that the item
was eventually removed from the program, and then, after a long delay and
just a few days before the elections.  In another instance, when clearly
election propaganda on behalf of Shimon Peres was broadcast on a Kol
Yisrael program hosted by Yaron Enosh, the laconic reply received in the
IMW office, signed by the IBA spokesperson, was that since by then the
elections were over, there is no need to deal with a legal matter.
Practically speaking, the volunteer submission option simply did not exist.

The second way to uphold the law was through action taken by the Central
Elections Committee.  Its chairman, Justice Theodor Orr, saw himself as
taking the path of the golden mean.  As he explained in the CEC meeting
held after the elections:

"[I decided] to balance out between the two: on the one hand, between the
wish
to defend  the right of expression, including, of course, that of the
media which
represents the soul of our democratic regime and between, on the other
hand, the
need to protect that which the law obligates".

And he continued:

"I admit that the task was not easy" (47)

In a meeting with representatives of IMW, held on May 8, 1996, Orr
explained that in any case, the CEC did not enforce the law.  That was the
job of the police.  At most, the committee could prevent a broadcast or
make use of its moral authority.  It had no standing in cases of
infractions already committed.  In this instance, it was up to the police
and the public prosecution to act.  In reality, Orr prevented only one
program which was construed, after being viewed in a studio, from being
aired and that, on the eve of election day.  The helplessness of the CEC
and its chairman as well as the deprecation of the law demonstrated by the
media can be judged by the following incident.

In the aftermath of the broadcasting of prohibited electioneering, words
of support for Shimon Peres by the Baba Baruch, a Sefardi Rabbi, on the
Popolitika shown on May 13th, IMW requested that the CEC exert its
responsibility to prevent a future electioneering occasion.  Justice Orr
decided, in line with the suggestion of IMW representatives present at the
hearing, to order IBA D-G Kirschenbaum to personally and closely supervise
the program to prevent any electioneering propaganda from being broadcast.
The next program again dealt with election issues and the conduct of the
candidates.  IMW demanded a restraining order against the program and, in
response, Orr decided that Kirschenbaum had not fulfilled his obligations.
He further demanded that Kirschenbaum inform him before the broadcast time
of the next program exactly the issues to be dealt with by the show as well
as the list of invited guests to prevent the breaking of the law.

Despite all this unprecedented judicial intervention, during the program
broadcast the night before the elections, two of the panelists, Amnon
Dankner and Shelly Yechimovitz, took advantage of their live appearance on
the screen and made fun of Justice Orr’s decisions and proceeded to make
statements of support for Shimon Peres and belittling Benjamin Netanyahu.

Complaints about illegal electioneering that were made to the police and
other judicial bodies such as the Attorney General’s Office, the third
option, proved useless as well.  They referred the complaints to the CEC.
Thus was created a vicious circle.  The situation did not go unnoticed and
Razi Barkai, host of Channel Two’s media critique program, produced by
Israel’s Education Network,
"Media File", stated forthrightly: "we are all delinquents". (48)  Daliah
Ravikovitz also did not hide the truth of the media’s biased intervention:


When the two candidates were interviewed [on the "Popolitika" program]
we saw Peres being treated with royal honor, and Bibi was set upon as if
by a pack of dogs". (49)
 

The law which was intended to prevent unfair electioneering via the
instruments of the mass media was contravened, in its spirit and in its
letter, and there existed no possible way of preventing its infraction nor
punishing those who acted illegally.  Spokesmen of the Labor Party
exhibited their confidence that the media was obviously helping them.  The
head of the Information and PR unit, Avraham Burg, was quoted by Ma’ariv’s
political reporter, Shalom Yerushalmi, as saying:

"What ‘shows’ better - news which is supposed to be objective or political
propaganda?" (50)

Haim Ramon, head of Peres’ personal election campaign unit, was also quite
open in their admiration of the way the media was serving the Labor Party’s
interests:

"The Labor Party does not even require at this time [during the Grapes of
Wrath Operation] and electioneering for the Prime Minister and the
Cabinet Ministers
are receiving maximum media coverage and they are promoting well the
government’s policy". (51)

The law prohibiting candidates from being shown indeed proved its logic as
Yaron Dekel pointed out.  Dekel, Kol Yisrael’s political party
correspondent, appeared on the weekly "Yoman" program and when asked to
comment on how the campaign was being run said:

"In the past three weeks, when the electronic media outlets were blocked for
Shimon Peres [because of the law], I think that there was a restriction
in his
ability to make headlines as he had done in the past two months.  Peres
in the
headlines, Bibi in advertisements [was the reality], but not so much in
the last three weeks."  (52)


The broadcast media failed to keep the law and thereby allowed the lists
associated with the then governing coalition to significantly increase the
gap of coverage between it and the opposition as well as between the
candidates of the large parties vis-a-vis smaller, new or sectarian lists
that hardly appeared at all.  The principle of equality was violated and
there was no balance to speak of.

Advocate Yuval Karniel, the former legal advisor to the Second Authority,
made the claim in a newspaper article that what defines who or what will be
broadcast are "professional editorial considerations".  He went on to explain:

"The professional consideration obligates the presentation of a position
championed by the opposition when it has news value, all the while
distinguishing between a report and an expression of opinion or outlook".

The intent of the law, Karniel explained, was to prevent the ‘taking over’,
through the vehicle of a
‘professional consideration’, of air and screen time due to the many more
possibilities of the coalition parties to influence the public via news
broadcasts.  According to Karniel, the media did not follow the law:

"Today, the various media channels are ignoring, ever elegantly, the clear
existing prohibition of the election law  to broadcast propaganda on the
television and radio". (53)

In the end, it proved useless to try to depend on the editorial discretion
of the media personnel or their sense of fair play.


B.     Infractions of the Ethics Code: Reliable Data and Fair Reporting

In addition to the law, the media’s own ethics codes were consistently
being violated.  The following examples illustrate the problem.

-     "Mabat", on May 12th,  presented a distorted report regarding video
cassettes distributed to voters and dealing with the terror attacks then
occurring.  According to the report, "the Likud eliminated evil quotations
said by Shimon Peres".  Characterizing the statements as "evil" was a
personal opinion of the reporter, stemming from his own ideological
position.  For after all, the quotations were authentic and backed by sources.

-     The entire affair of the supposed invalidation of the PLO Covenant
during April 1996 was handled in a biased fashion, unreliably and incorrect
as discussed above.

-     An attempt to kidnap a soldier on May 12th was relegated to
insignificance and no true attempt was made to investigate the story.

-     On Memorial Day, April 23, a radio item was broadcast which included
interviews with families who had lost relatives due to Arab terror.  IMW
researched and revealed that those interviewed were selected with the
active help of one Yitzhak Frankenthal whose son had been kidnapped and
murdered by Arab terrorists.  Mr. Frankenthal, however, was a leading
activist in the "Paths of Peace", a religious group advocating territorial
withdrawal and supporting the Labor Party.  Attempts by other bereaved
parents, who disputed the current government policy, to appear on the
program as well as others were thwarted.  A promise, by IBA’s D-G, was
given to Dr. Aryeh Bachrach, whose son was killed in Wadi Kelt, that an
effort would be made to allow him air time but to no avail.

The humor and satire programs were an especial source of media bias
against Mr. Netanyahu.  Election time is a unique period when one is
dealing with elections.  The essence of political satire is the humiliation
and deprecation of politicians and parties.  At election time, such satire
can easily cross the boundaries of simple criticism to electioneering.  The
Supreme Court Justices took note of this problem when, in an earlier
decision, they distinguished between artistic content material and
political propaganda.  It is our opinion that the value of art in a
satirical sketch is relatively negligible when shown during election time.
Indeed, its influence as a propaganda device is highlighted and therefore
should be treated according to another standard.  The determination of the
two broadcasting authorities to grant free license to artists allowed the
showing of humor and satire programs that contained unadulterated
propaganda.  During the election campaign, Channel One broadcast the
"Cameri Quintet" and Channel Two, the "Chartzufim" and the "Zehu Zeh"
programs.

Examples of humor as prohibited electioneering material were

-     A song included in the Zehu Zeh show of April 29th described a
salesman of antiquated objects singing of "a leader melting in the heat,
yesterday angry and today a man of peace/ platforms of synthetic
material...today before the elections...selling used material,
second-hand...".

In reply to a complaint by IMW, Mr. Yoel Rekem, the Second Authority’s
Complaint’s Commissioner, wrote that "the darts of satire in Koby Luria’s
song...are aimed, in my opinion, against Israeli politics in general and
this, too, in a gentle hint...we found no reason to intervene...you r
complaint was investigated and found groundless". (54)

-     The "Chartzufim" program, an Israeli version of the British "Spitting
Images", brought satire down to a level of raunchiness unknown until then.
Slogans such as "A Secure Peace = Safe Sex" were the norm.  Ms. Limor
Livnat, a Likud candidate, was shown instructing Netanyahu and other
Likud candidates how to use condoms.  Such low-level humor was utilized
mostly against the Likud and religious parties, but not exclusively.
Rafael Eitan, a Tzomet candidate, was held up as a stuttering fool who
can’t remember a thing.  Netanyahu was always shown with a violent streak,
constantly striking Shimon Peres.  And if there were any problems of
communication between Peres and Yasser Arafat, it was always Peres’ fault.


The "Chartzufim" writers even exploited Rabin’s death, portraying him as an
angel in Heaven, observing the antics of his political inheritors.

A IMW check of all 92 skits shown on the program during the 60 day
pre-election day
period when electioneering is banned, 57% of skits relating to the
coalition were detrimental and negative (27 out of 47) whereas 73% of the
skits dealing with the opposition parties were negative (33 out of 45).

The "Cameri Quintet" of the IBA presented another problem.  Two of its
stars, Rami Hoiberger and Dov Navon, participated in electioneering clips
on behalf of the Labor Party.  The previous IBA Chairman, Aryeh Mekel, had
set out IBA policy in this matter in a decision published on February 10,
1992, during that year’s election campaign to whit, no one participating in
election commercials could appear as a performer on IBA programs during the
60 day period.  Following an appeal to Director-General Kirschenbaum by
IMW, he ratified that policy but only prevented a program that was to
include the two in question during the week prior to polling day.

C.     Preventing Criticism and Halting Flow of Information

An intolerable phenomenon, especially during a period of national debate
and decision, was the policy to prevent persons who wished to criticize the
electronic media  performance and behavior from being allowed to air their
points of view over the airwaves.  Unfortunately, we witnessed incidents
that raised doubts and questions concerning media ethics and the upholding
of the law.

On the first two days of May 1996, as mentioned earlier (see section 3), a
prominent newspaper ad was published, signed by an outstanding
cross-section of intellectuals demanding fairplay and objective reporting
on the part of media personalities during the election campaign.
The ad read:

"out of concern for the democratic character of Israel, we call upon you,
media personnel, to place the obligation to democracy and political fair
play above your personal inclinations for this or that side.  Journalists
must draw a clear line between their right to express their opinions in
op-ed columns and between their tasks as news editors and interviewers.
The affording of a proper and fair platform for both candidates for the
position of Prime Minister before the public is a professional-ethical
obligation.  Any act injurious to these principles is a stab at the heart
of democracy".  (55)

Several of the various radio programs and television shows invited a
number of the signees to appear and be interviewed.  In the end, these
interviews were canceled.

Professor Gabriel Moked, who considers himself a member of the social Left
and a non-party member of the Labor Party’s social affairs committee and
Dr. Yuval Shteinetz, who supported the Likud, were asked to participate on
the May 13th "Popolitika" program.  At the last moment, they received an
urgent announcement that "due to the intervention of authoritative elements
within the IBA’s management", the invitation was recalled.

Prof. Moked was again invited, this time to the "No Man’s Land" media
critique show to be broadcast May 15th.  His participation was canceled due
to a strange (to him) excuse.  Despite the fact that a taxi had already
been ordered for him (as he had been informed) and only two hours after he
had discussed his appearance with an editorial research assistant, he was
told that as the Likud had withdrew its complaints regarding charges of
bias in the broadcasting, his participation was no longer needed and he was
not to come.  Even though Moked protested that there was no connection
between his criticism and the Likud’s complaints, he was still refused air
time even after he became aware that, in fact, the Likud had not withdrawn
their complaints.


On May 21, the public opinion show, "Public Poll", was to have aired a
debate entitled "The Media - Balanced or Leftist?".  Dr. Shteinitz and a
representative of the Left were asked to participate but the program was
canceled the day before it was to have been broadcast.  The reason given
was that opposition had arisen within IBA circles.  And on May 22, the Army
Radio station, Galatz, requested Prof. Moked to appear live on one of its
morning programs.  But less than half an hour later, again he was told the
invitation had been rescinded.  The reason given was that the IBA D-G,
Mordechai Kirschenbaum, opposed the discussion unless he was a participant.
However, as he could not be available, the broadcast was canceled. (56)

In a handwritten letter, entitled "A Strange Thing Happened to Me on the
Way to the Media" (57), Moked relates to the ominous ramifications of the
media’s behavior:

"All these incidents only strengthened me in my position that our media is
not
only suffering from a powerful haughtiness...[and] unity of ideology...but
in
addition, a significant portion of those who set the tone in the media are
attempting to exert control in a super extreme radical note, much closer to
the desires of the ‘New Historians’ to crumble the Israeli narrative
rather than
displaying a balanced line of support for the peace process".

An outstanding example of the media’s ability to betray its professionalism
is in a campaign anecdote found in the book, "The Committers of Suicide".
The authors recall that during the "Grapes of Wrath" operation in April
1996, Shimon Peres, while on a tour of the north, shared a table and some
beers with a group of journalists.  Asked to comment on the harsh criticism
of the military operation against Lebanon coming from the Israeli Arab
community, Peres retorted: "those stupid Arabs".  As the authors describe it:

"The journalists were dumbfounded.  For Peres, this was an act of political
hari-kiri in the main square of the city.  If his remarks were giving
publicity, and they were recorded and spoken for the record, it could have
brought about his premature end. Following a discussion among themselves,
in the end, Peres’ words were not reported". (58)

Not only were persons critical of the media’s role in the elections
prevented from reaching the public but there were journalists who
themselves yielded to self-censorship in accordance with their political
outlook.

D.     The Last Week of the Elections and Polling Day

The attempts of the media to influence the voters and to affect the
elections’ outcome reached new heights during the last week on the campaign
and the actual balloting day.  Representative examples of their efforts are
as follows:


1.   The Chabad campaign under the slogan "Netanyahu.  Good for the Jews"
was presented in a biased fashion without proper consideration for the
right of reply.  A reported remark from within the cabinet meeting, that
the slogan carried the stigma of being racist, was not discussed in a
balanced way in any of the current affairs programs.  On the day of the
elections, the Chabad spokesperson phoned IMW’s offices complaining that
all his attempts to get air time to respond to charges leveled against his
movement had failed.  It was only at 5 PM, on the "Erev Chadash" program
that he finally got his opportunity.

2.   The media reported that a supposed complaint had been tended to the
Central Elections Committee against Arutz 7 having broadcast election
propaganda.  It was proven that the story had no foundation in fact.

3.   Two days prior to the elections, the grave of the former Prime
Minister Menachem Begin had been desecrated.  The event did not receive any
extensive coverage nor any panel discussion.  In comparison to a media
frenzy that took place earlier, when a Labor Party campaign worker was
injured in a shooting incident as a result of an altercation with Likud
campaign workers, the desecration affair seemed to have been glossed over.


     
 

4.   On election day, the electronic media allowed themselves to be
manipulated to the point of encouraging the Arab sector to vote.  When it
became clear to Labor Party activists that the percentage of Arabs voting
was low, a statistic that would be unhelpful to Peres, increased news items
and commentary  discussions were heard.  The interest was artificial and
blown out of proportion.


The biased performance by the media, both printed and broadcast, did not
surprise anybody.  Ron Meiberg, as quoted previously, left no doubt as  to
the clear sectarian-political interest displayed by the members of the
media when he wrote:  "never had we been so mobilized to bring down a prime
minister" (59).  Chami Shalev was of the same opinion, when, a year after
the elections, stated on television:

"it’s no secret that most journalists did not support Netanyahu " (60)
Tzvi Li-dar, IBA spokesman and public relations chief, outlined back in
February 1996 the elements of unbiased television coverage.  Writing to a
member of the IBA’s executive council, Li-dar detailed the approach of the
professional staff:

"the IBA executive is well aware of the very heightened political
sensitivity
of these days...every eyebrow move and every lip movement is interpreted as
an expression of an indication of support in this or that side of the
political
debate...due to this, the Director-General has decided that in every
weekly News Forum meeting from now until the elections, the importance of
responsible and
balanced news coverage will be stressed and in instances of a violation
of the
regulations, comments will be noted" (61)

In reality, the letter remained a piece of paper.  Not only was nothing
practical ever done but, as related previously, the senior IBA employees
had collaborated in a left-wing tilt.  IMW summed up its research with the
following conclusions and recommendations:


a.   a managerial failure occurred whereby the law was not upheld regarding
the prohibition of broadcasting partisan election propaganda and in both
authorities, the review systems did not work.

b.   balance and objectivity were not kept.  The tendency was to prefer the
government and its spokesmen.

c.   Specifically, the IBA chose to prevent a proper public discussion of
the issue of the media’s performance during the elections by canceling
appearances and programs.

The Israel Broadcasting Authority Law, the Second Television and Radio
Authority Law and the Nakdi Document set out clear and unambiguous
restrictions and instructions regarding professional media ethics.  Ethics
are not unique to Israel.  Similar codes and regulations exist in Britain
for the BBC, in France, the CSA acts to assure ethical behavior and in the
United States, the NPR also is obliged by a code of ethics.  During
elections, a period of extreme tension, there exists a special need to
maintain ethics.  In Israel, the failure in this regard was enormous.

 

 

IMW is a registered non-profit organization whose major aim is assuring the ethical and fair conduct of the Israeli media.

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