Israel Hayom | Officials: Peres possibly violated censorship laws

Israel Hayom had an interesting article regarding President Shimon Peres' recent statements opposing a unilateral Israeli attack on Iraninan nuclear facilities. The relevant part for me is the following:

Peres said no Israeli military action will be undertaken in Iran before presidential elections in the U.S. in November. According to government officials, aside from the public debate on the matter, Peres' remark was a possible severe violation of the censorship law as well as a violation of a law against exposing operational information to an enemy.

As far as I can tell, the Censorship Law refers to the Defence (Emergency) Regulations published during the British Mandate in 1945. I did not see what part of the censorship provisions the President may have violated. Most of the violations in those Regulations stem from a direct contravention of a censorship order.

However, Article 4 of the Penal Law- 1977 covers espionage and may pertain to this situation.

Delivery of information to enemy

111. If a person knowingly delivered information to or for the enemy, then he is liable to ten years imprisonment; if the information is likely to benefit the enemy, then he is liable to fifteen years imprisonment; if he thereby intended to injure national security, then he is liable to life imprisonment; if by negligence he caused to be delivered to or for the enemy information likely to benefit him, then he is liable to three years imprisonment.

Espionage

112. (a)  If a person delivered information and intended to injure national security, then he is liable to fifteen years imprisonment.

(b)  If a person obtained, collected, prepared, recorded or kept information and thereby intended to injure national security, then he is liable to ten years imprisonment.

Aggravated espionage

113. (a)  Repealed

(b)  If a person delivered secret information, without being authorized to do so and thereby intended to injure national security, then he is liable to life imprisonment.

(c)  If a person obtained, collected, prepared, recorded or kept secret information without being authorized to do so, then he is liable to seven years imprisonment; if he thereby intended to injure national security, then he is liable to fifteen years imprisonment.

(d)  (1) In this section, "secret information" – information which national security requires that it be kept secret, or information that relates to a category of subjects which the Government – by order published in Reshumot with approval by the Knesset Foreign Affairs and Defense Committee – declared to be secret subjects;

(2) information the contents, form, ways of keeping it, its source and the circumstances under which it was obtained indicate that national security requires it to be kept secret, unless it was proven differently.

(3) The provisions of paragraphs (1) and (2) shall also apply to the matter of section 113A.

(e)  It shall be a good defense for a person charged with an offense under subsection (c) that he did nothing unlawful to obtain information that constitutes secret information, and that he obtained, collected, prepared, recorded or kept it in good faith and for a reasonable purpose.

Secret information

113A. If a person passes secret information without being qualified to do so, then he shall be liable to fifteen years imprisonment.

Some of the sections of the law have an "intent" requirement which is probably lacking in this case. Regardless, I can't imagine the government pursuing criminal charges against the President- although the media would love it.

For an article about the role of the government censor in Israel, see here.

For an article about the Defence (Emergency) Regulations, see here.