Challenge the official October 7 narrative? Israel says five years in jail

What constitutes “downplaying,” “denial,” or an “intention to side with Hamas” remains undefined in Israel’s law, leaving the door open for arbitrary interpretation.

With a new law passed in the Knesset on January 21, anyone in Israel who denies or downplays the October 7 attacks by Hamas will do so at the risk of facing a prison sentence of up to five years, in what critics said could have “a chilling effect on freedom of expression,” according to Israeli media.

“The denial of the atrocities of October 7 will not pass in silence, neither in the Knesset, nor on the street, nor in the world,” Israeli news website Times of Israel cited Knesset member Oded Forer as saying.

“Anyone who tries to deny Hamas’s heinous crimes is an active partner in spreading lies and incitement that undermine the foundations of our society,” the sponsor of the legislation said following the law’s enactment.

Ambiguous enforcement

Yet, the threat against those who “deny Hamas’s heinous crimes” is on precarious ground, as the law’s criteria for punishment remain vague.

Although the law includes a provision exempting statements made “in good faith or for a legitimate purpose,” such as in research or legal proceedings, it fails to define what separates such statements from “denial” or “downplaying,” leaving questions about whether debating unproven allegations, such as claims of rape attributed to Hamas would be deemed punishable.

Although accusations of mass rape by Hamas were weaponised as a key pillar of Israel's propaganda machine to justify its brutal war, Israel has repeatedly obstructed investigations into the attacks carried out on and after October 7, having turned down United Nations' calls for Israel to permit investigations into the rape allegations and barred its doctors from speaking to a UN group investigating the atrocities committed on that date.

Civil rights experts warn that the ambiguity of the law could have serious implications for free speech, deterring individuals from engaging in discussions about the event, particularly if their views might be interpreted as controversial.

The law comes against a broader backdrop of accusations that Israel is systematically obstructing free speech on a larger scale.

Press freedom

In November 2024, the Israeli government imposed a boycott on Haaretz, a leading left-leaning newspaper, prohibiting government officials and employees of state-funded bodies from engaging with the publication.

At the time, Communications Minister Shlomo Karhi justified the move by accusing Haaretz of supporting Israel's enemies and inciting against the state, which has raised significant concerns about press freedom in Israel.

The new law was modelled after the Holocaust denial ban enacted in 1986, which similarly mandates a five-year prison sentence for denying the scope, intent, or existence of the genocide of six million Jews by Nazi Germany during World War II.

What makes the Holocaust denial law different, though, is that it was enacted decades after the Holocaust, in 1986, when the historical facts of the atrocities committed had been thoroughly established through war crimes trials, survivor testimonies, and vast amounts of documentary evidence.

Currently, Israel itself stands accused of genocide for its war on Gaza, in the International Court of Justice, its Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant have been issued arrest warrants by the ICC.

Both are accused of war crimes and crimes against humanity. While Israel’s own actions face scrutiny on the world stage, the law’s ambiguity raises urgent questions about who gets to define the truth.