Central Elections Committee orders Ben Gvir to take down flotilla abuse video

Judge Noam Sohlberg, serving as the chair of the Central Elections Committee (CEC), ruled on Friday that National Security Minister Itamar Ben-Gvir must remove a controversial video from his social media accounts. This video depicted Ben-Gvir visiting a detention facility at the Port of Ashdod, where activists from a Gaza-bound flotilla were being held. The footage showed the minister interacting with bound individuals, waving an Israeli flag, and playing the national anthem. The ruling came in response to a petition filed by the Movement for Quality Government, which accused Ben-Gvir of violating election laws by using public assets for political purposes.

Sohlberg’s decision was based on the argument that the video constituted election propaganda under Section 2A of the Elections Law (Election Propaganda Methods), 1959. The judge applied the dominant purpose test, concluding that the context of the video—filmed inside an Israel Prison Service facility and involving uniformed personnel—clearly indicated a political campaign motive. The ruling specifically highlighted that the footage showcased Ben-Gvir's achievements and political stances, thus crossing the line into electioneering.

The legal consequences of the ruling were significant. Ben-Gvir was ordered to pay NIS 8,000 in legal costs to the Movement for Quality Government. Additionally, the National Security Ministry and the Israel Prison Service were jointly ordered to pay an extra NIS 15,000, bringing the total amount to NIS 23,000. The court emphasized that its focus was solely on the issue of election propaganda and did not delve into broader public or international reactions to the video.

The petition against Ben-Gvir was submitted nearly two weeks after the video was first published, which meant that no interim removal order could be issued at the time. Despite this delay, the CEC maintained that the widespread distribution of the video neither negated nor diminished the need to enforce the law. The committee underscored that its authority is reactive rather than dependent on the scale of the video's dissemination.

The ruling also addressed concerns about the misuse of public assets. The Movement for Quality Government argued that this incident was part of a larger trend, referencing a previous ruling in March where the CEC had warned Ben-Gvir about similar actions. In that instance, the committee had ordered the removal of other videos featuring Ben-Gvir in prison settings and on police boats. The current ruling reinforced the principle that state resources, including uniforms, facilities, and security personnel, should not be leveraged for private political campaigns.

Attorney Tomer Naor, representing the Movement for Quality Government, stated that when a government official uses public assets for political gain, it undermines public trust and the integrity of their role. He emphasized that the decision sets a precedent, ensuring that the use of public resources for political purposes carries tangible consequences. The organization pledged to continue monitoring all aspects of electoral processes to safeguard their integrity.

Following the ruling, Ben-Gvir promptly removed the video from his social media platform, though he did not make any public comment on the matter. The incident sparked widespread criticism, both domestically and internationally. Israeli Prime Minister Benjamin Netanyahu expressed concern, stating that the manner in which Ben-Gvir treated the flotilla activists did not align with Israeli values and norms. Similarly, Foreign Minister Gideon Sa’ar criticized the minister for knowingly causing harm to the state’s image.

The involvement of Israel Prisons Service Commissioner Kobi Yaakovi, a known ally of Ben-Gvir, raised further questions about the appropriateness of allowing such visits. According to reports, Yaakovi approved the tour of the facility where the activists were detained, including their restraint and forced kneeling. This approval, coupled with the subsequent backlash, has intensified scrutiny over the conduct of officials within the prison system.

As the situation unfolds, the implications of this ruling extend beyond the immediate legal consequences for Ben-Gvir. It signals a potential shift in how public assets are perceived and regulated in relation to political activities. The emphasis placed on maintaining the separation between public service and political campaigning underscores the importance of preserving the integrity of governmental roles. Moving forward, the CEC and other regulatory bodies may face increased pressure to enforce these boundaries more rigorously, ensuring that future incidents are prevented and that the public's trust in the government remains intact.