Amendment 66 to the Penal Law (2002), Article 144D2 – Incitement to Violence or Terror: Legislation Based on Political Considerations

In 2002, the Israeli legislature added Article 144D2, entitled “Incitement to Violence or Terror”, to the Penal Law, 1977.1 According to this article: “If a person publishes a call to commit an act of violence or terror, or praise, or words of approval of, encouragement for, support for or identification with an act of violence or terror (in this section: inciting publication) and if – because of the inciting publication’s contents and the circumstances under which it was made public there is a real possibility that it will result in acts of violence or terror, then he is liable to five years’ imprisonment.” This law is the legislature’s response to the Supreme Court’s call to revamp the sedition chapter of the Penal Law, Articles 136-139, and Article 4(A) of the Prevention of Terrorism Ordinance – 1948, as well as to explicitly define in the Penal Law the limits of the phenomenon of incitement to violence. This call arose, explicitly and implicitly, through disagreements in the decisions of the Supreme Court regarding the definition of the value that the criminalization of the act of sedition in the Penal Law should safeguard; the limits of the crime of sedition; and the limits of terrorism related crimes according to Article 4(A) of the Prevention of Terrorism Ordinance.

Bibliography:


Ghanayim, Khalid. "Amendment 66 to the Penal Law (2002), Article 144D2 – Incitement to Violence or Terror: Legislation Based on Political Considerations". Adalah’s Review on Criminalization, 5, (Spring 2009), 45-53.
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