The Palestinian Centre for Human Rights (PCHR) calls on the Palestinian Authority (PA) to reverse its decision to suspend Al Jazeera’s broadcasts and freeze its operations in Palestine. This decision is the latest episode in PA’s measures and decisions, which jeopardize the right to freedom of expression guaranteed by the Palestinian Basic Law and violate Palestine’s obligations as a State Party to the International Covenant on Civil and Political Rights.
According to information obtained by PCHR, on Wednesday, 01 January 2025, the Palestinian Attorney General, Akram Al-Khateeb, issued a decision ordering suspension of Al Jazeera TV Channel broadcast and temporarily freezing operations of its office, staff members and affiliate channels in Palestine until its legal status is rectified, due to Al Jazeera’s violation of the laws and regulations in force in Palestine. This decision comes in following a letter from the Palestinian Minister of Culture, based on a decision issued by the Tripartite Committee responsible for licensing ground and satellite radio and television stations. This committee is a specialized ministerial committee that includes the Ministries of Culture, Interior and Communications.
According to Wafa, the official Palestinian news agency, “the decision came after Al Jazeera insisted on broadcasting inciting materials and misleading reports that provoke strife and interfere in Palestinian internal affairs.”1
Days earlier, several decisions were issued by mayors in the West Bank banning any actions or statements on social media, public forums, or any other platform provoking strife or disturb public order and safety. The decisions have also ordered halting all forms of incitement against the PA and its security services and civil services.
These decisions come following a series of events and developments taking place in the West Bank, particularly in Jenin refugee camp in northern West Bank. Over the past few weeks, the refugee camp has witnessed clashes between Palestinian militants and Palestinian security forces. Consequently, on 24 December 2024, Fatah Movement- Jenin Branch, issued a statement banning Al Jazeera from entering the city, under the pretext of “provoking unrest and internal fighting.”
PCHR is deeply concerned about these measures and decisions and calls for their immediate cessation. PCHR believes such decisions unjustifiably restrict freedoms, entrench PA’s systematic efforts to muzzle dissent, and violate the constitutionally guaranteed rights and Palestine’s international obligations.
PCHR emphasizes the importance of safeguarding the right to freedom of opinion and the right to freedom of expression, as they “constitute the foundation stone for every free and democratic society,” as has been affirmed by General Comment No. 34 2 issued by the Human Rights Committee in 2011. The General Comment clarifies that ” A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights.”
As it is recognized that freedom of expression is not absolute under Article 19 (3) of the International Covenant on Civil and Political Rights, it may be restricted but limitedly and clearly, aimed at protecting the rights of others or public interests, such as protecting national security, public order, public health, or public morals. Even if a state enforces restrictions, the right itself must not be jeopardized.
The Palestinian Basic Law has a clear issue related to the ambiguity of interpretation and lack of precise definitions for certain terms and concepts related to incitement, which are often used to restrict freedom of opinion and expression. Additionally, some of the existing laws continue to limit freedom of expression, contrary to Palestine’s international obligations in this regard.
In its concluding observations on the report submitted by the State of Palestine,3 issued in August 2023, the United Nations Human Rights Committee has urged Palestine to amend its laws, including the Penal Code, to align with Article 19 of the International Covenant on Civil and Political Rights, taking into account what has been stipulated by General Comment No. 34.
It is worth noting that Al Jazeera has been banned from operating in the West Bank for months upon an Israeli military order, under the pretext of incitement against the Israeli authorities. On 22 September 2024, an Israeli military force raided Al Jazeera office in Ramallah and handed those in charge of the office a decision to shut down the office and ban its journalists from working in the West Bank.
In light of the above, PCHR affirms that the decision to suspend Al Jazeera’s broadcasts and freeze all its operations in the West Bank constitutes a blatant violation of the right to freedom of expression and press freedoms. PCHR calls on the PA to reverse this decision and all other measures restricting freedom of expression and to respect Palestine’s obligations under the International Covenant on Civil and Political Rights. PCHR also stresses the importance of ensuring the protection of journalists and media outlets and taking measures to enable them to perform their work freely.
