Israel to Sue NYT Over Palestinian Abuse Claims

Israeli Prime Minister Benjamin Netanyahu and Foreign Minister Gideon Sa’ar announced plans to sue The New York Times for defamation following the publication of an opinion column by Nicholas Kristof that details allegations of sexual abuse against Palestinian prisoners. The article, which includes testimonies from 14 individuals who claim they were sexually assaulted by Israeli soldiers, prison guards, settlers, and interrogators, has sparked a fierce backlash from Israeli officials.

The Israeli Ministry of Foreign Affairs described the article as 'one of the most hideous and distorted lies ever published against the State of Israel.' Netanyahu added that the report perpetuated a 'blood libel' about rape and aimed to create a false symmetry between Hamas terrorists and Israeli soldiers. The Times has defended Kristof’s reporting, stating that his interviews were corroborated with other witnesses, family members, lawyers, and independent research from human-rights groups.

Legal experts have expressed skepticism about the lawsuit’s chances of success in US courts due to First Amendment protections that bar government lawsuits against critics. David A Logan, a professor emeritus at Roger Williams School of Law, stated that there is no chance a US court would countenance such a case. Mark Stephens, an expert in international media law, called the idea of Israel suing The Times 'ludicrous.'

CBS News reports that Netanyahu posted on X (formerly Twitter) that his legal advisers will consider the harshest legal action against The New York Times and Nicholas Kristof. It remains unclear whether litigation will be filed in the United States or Israel, or who the plaintiffs will be. According to First Amendment scholar Rodney Smolla, a government itself cannot sue for defamation in the United States. If Netanyahu or another government official were to bring the suit, they would likely face significant legal hurdles.

Nadine Strossen, a former president of the American Civil Liberties Union, noted that under New York Times v. Sullivan, plaintiffs must show 'intentional or reckless falsity' to succeed in such lawsuits. Yale Law professor Jed Rubenfeld also emphasized the difficulty of proving actual malice, stating there is likely zero chance of the suit succeeding.

The article has also faced criticism from supporters of Israel, who question the credibility of Kristof’s sources and the decision to publish the piece under the opinion section rather than as news. Despite this backlash, The New York Times has stood by its reporting.

The Israeli government alleges that Nicholas Kristof based his article on unverified sources tied to Hamas-linked networks. The newspaper faces a more stringent burden of proof if the case is brought in Israel. Lawyers specializing in defamation told BBC that while there are ways for the state to bring the case to court, it would be challenging due to legal policies protecting freedom of speech and preventing defamation suits by governmental bodies.

The article includes first-person descriptions by alleged victims of sexual abuse, including rape and assault with objects. It also claims that an unnamed Gaza journalist was raped by a dog on the command of the dog's handler. Extensive reports in recent years, including by Israeli and Palestinian NGOs, have compiled evidence of sexual violence used against Palestinian detainees.

Last year, two Palestinian men separately told BBC they were sexually abused while in detention. One of the men said a dog was used to sexually humiliate him. The Israeli Prison Service responded that it was 'not aware of the claims described' and operates in full accordance with the law.

The article has sparked extensive reactions among Israeli politicians and media, with Israel's ambassador to the US posting a video statement accusing Kristof and his paper of violating journalistic standards. Scores of Jewish protesters demonstrated outside NYT's Manhattan office, calling for Kristof to be fired.