The Supreme Court accepted the appeal of the newspaper Yated Ne'eman, the publication of the Degel Hatorah movement, against the Lod District Court's decision on Friday to require the newspaper to publish an election ad by the Haredi women's party "Vezhutan", headed by Ruth Kolyan.
''Yated Ne'eman' will be represented by attorneys Yaakov Weinrot, Gershon Guntovnik and Amit Hadad.
In his words, Attorney Amit Hadad said: "The respondents attempted to force an advertisement on the newspaper that is in deep contradiction to its spiritual line. The court correctly balanced the right of the newspaper and its readers to cultural autonomy and the right of the 'And by Their Right - Haredi Women Make a Change' party to campaign for elections.
""As clarified in the request for leave to appeal, respondents have many platforms on which to publish election propaganda, and it is not necessary that the propaganda be done specifically within the framework of Yated Ne'eman, given its unique nature.".
The judge explained his decision to accept the appeal. "I have therefore decided to grant leave to appeal and to hear the applications as if an appeal had been filed pursuant to the leave granted. The appeal should be allowed. In accordance with the decision of the trial court, the application for a temporary injunction is dismissed. Of course, this decision does not prevent the respondent from filing any claim she may wish to do so. There is no order as to costs.".
District Court Judge Yaakov Shepser ruled that the ultra-Orthodox Sephardic newspaper 'Yom Liom' will also be required to publish the ad, after both newspapers had refused to do so so far.
""This is an advertisement of a public nature intended primarily for women from the Haredi sector, and its publication has considerable public importance, perhaps even increased in light of the prohibition of discrimination and the principle of equality in elections," Judge Shepser ruled. "I have difficulty accepting the claim that a news newspaper that reviews the election campaign - including noting the existence of various parties that clearly do not fall within the newspaper's line of view - is liable to hurt the feelings of its readers by publishing an advertisement by the Haredi Women's Party.
""Values are not absolute, as we know, and sometimes, when there is tension between them, one will retreat from the other... In certain cases, the freedom of association and ownership of private business owners will retreat in the face of the principle of equality... Publishing relevant information to the electorate in advance of the elections is an essential means of ensuring a proper democratic process.".