Zulat and MK Efrat Rayten petitioned the Supreme Court, sitting as the High Court of Justice, against Israel Police’s Incitement Unit, whose creation was instigated by the Minister of National Security. The petition filed by attorneys Hagai Kalai and Lior Sokol seeks to halt the unit’s activities, which the petitioners contend seriously infringe on freedom of expression, the right to privacy, the right to due process, and the rule of law.
At the heart of the petition is the claim that the unit operates an unlawful policy of proactively monitoring citizens, not on the basis of concrete suspicion that an offense has been committed, but based on lists of individuals deemed “persons of interest or concern.” According to the petition, the objective of the unit is “to fish” for statements on social media and in the public sphere in order to retroactively detect grounds for launching a criminal investigation.
This is a dangerous perversion of the fundamental principles of criminal law. Rather than initiating an inquiry or investigation in response to information about an offense, the police first single out individuals and then search for evidence against them. Such a policy risks turning freedom of expression into a matter of continuous police surveillance, creating a chilling effect and deterring citizens from expressing themselves on public and political issues.
The petition also challenges the very establishment of the unit and its modus operandi. It is an investigative unit placed directly under the Israel Police Deputy Commissioner, rather than under the Investigations and Intelligence Division, contrary to the professional structure ordinarily followed by the police. The petition further contends that the unit was established without a proper preparatory process, without adequate consultation with the professional echelon, without lawful authorization, and amid direct political involvement of the Minister of National Security.
The petition emphasizes that despite the fact that the government’s legal advisers ordered the suspension of the unit’s activities due to concerns over infringements of fundamental rights, the police continued to operate it in violation of a binding legal directive.
The petitioners ask the Court to declare unlawful the proactive surveillance of citizens without any concrete suspicion, to annul the policy of proactive monitoring, to order the suspension of the Incitement Unit’s operations, and to invalidate the structural reform that excluded investigations from the police’s regular professional responsibilities.
Subsequent Developments:
On 29 March 2026, the Supreme Court issued a temporary injunction prohibiting the Israel Police from proactively monitoring specific individuals for the purpose of detecting incitement and speech offenses when there is no information about a suspected offense and without approval from the State Attorney’s Office. This is an important prohibition as it recognizes the potential severity of the infringement on freedom of expression and the danger of using criminal enforcement powers for the proactive surveillance of citizens.
Zulat maintains that in a democratic state, the police may not single out citizens and search for speech-related offenses committed by them. Enforcement of incitement offenses must be based on concrete suspicions and be subject to strict legal oversight, amid protection of freedom of expression, privacy, and the rule of law. The petition seeks to prevent the public sphere from becoming the object of political surveillance and to ensure that the fight against incitement does not become a tool for suppressing criticism, protest, and free democratic discourse.
Documents:
29.3.2026 – Decision: Interim order prohibiting the Israel Police from proactively monitoring specific individuals (Hebrew), here
30.3.2026 – Respondent’s response to the pre-litigation letter (Hebrew), here
23.3.2026 – Pre-litigation letter (Hebrew), here
