The Central District Court in Lod recently issued a judgment in the matter of the former Israel Bar Association chair, Efi Nave, who filed a lawsuit against journalist Hadas Shtaif and the State of Israel. The lawsuit was filed regarding the hacking of Nave’s mobile phones and the publication of their contents on the Army Radio (Galei Tzahal) station in January 2019. In the ruling delivered by Judge Oren Schwartz, it was determined that Shtaif acted actively to facilitate the hacking, and her actions exceeded the bounds of journalistic ethics and statutory policy.
Judge Schwartz noted in his verdict that Shtaif was not a passive figure in the affair but initiated the hacking while fully aware that illicit means were being employed. According to the court, Shtaif recruited a technical operative to hack the devices, ensuring the extracted information would possess journalistic value. The court rejected the defense’s arguments, including claims of good faith and public interest, determining that a journalist cannot justify alleged criminal acts within the scope of their work.
The judge emphasized that the exposure of personal information severely compromised Nave’s autonomy and caused him irreversible damage. Furthermore, the court clarified that the transfer of the devices by Nave’s ex-wife did not grant Shtaif the right to utilize them, noting that divorce agreements cannot legitimize privacy violations. Consequently, it was determined that the State of Israel shall bear vicarious liability for the actions of Shtaif, who acted within her capacity as a reporter for Army Radio.
The total damages awarded, including costs and legal fees, amount to approximately 600,000 NIS, of which 25,000 NIS is for defamation regarding a post Shtaif published on social media. This judgment poses significant questions regarding the boundaries of investigative journalism in Israel, particularly concerning the gathering of materials via methods inconsistent with the Computers Law and the Wiretapping Law. While lawsuits against other journalists who received the material were dismissed, the ruling against Shtaif and the State clarifies that active involvement in obtaining materials through illegal means exposes both the journalist and their employer to heavy legal and financial risks. The lawsuit was filed and handled by attorneys Boaz Ben Zur, Guy Roah, and Hadar Goldstein.