Court reviewing inmate's petition to bring porn into jail

The High Court of Justice Thursday reviewed the petition of a Hasharon Prison inmate seeking to bring pornography into jail. The Public Defender's Office says the petition concerns the right to freedom of expression and consumption of information. The Israel Prison Service (IPS), however, claims that eliminating the ban on pornography could disturb religious inmates and lead to more violence inside prisons.

According to the petition, the prisoner does not have a partner and is therefore not privy to conjugal visits. He argues that being able to access pornography may offer a partial solution to his distress.

Attorney Tal Enar of the Public Defender's Office claims that the IPS directive banning all pornographic material is disproportionate and illogical. The IPS claim that pornography in prisons will cause violence among inmates is scientifically unfounded, he says, adding that, pornography can instead be used to alleviate tension among sex offenders.

He also pointed out that the High Court rulings on the subject were handed down 25 years ago; since then, society's attitude toward pornography has changed, he says: Consider, for example, the High Court's decision to allow the Playboy Channel to broadcast in Israel.

Attorney Ilil Amir argued in the name of the IPS that pornography would increase tensions among prisoners and lead to an increase in disorderly conduct, because it offends the religious and cultural feelings of some inmates. He added that bringing pornography into prison could result in acts of rape and other sexual attacks on inmates.

The prisoner, Emanuel Peled, gained publicity a few years ago in the wake of his appearance on an investigative news program on TV. The show revealed that Peled had charged people hundreds and thousands of shekels for erotic phone calls that they had never made. Peled threatened anyone who refused to pay, saying he would tell the victim's friends he had used an erotic phone service.

In January 2004, he was convicted in the Tel Aviv Magistrate's Court for fraud under aggravated circumstances, extortion by threats, robbery and pretending to be a lawyer. He was sentenced to 68 months in prison and forced to pay the plaintiffs financial compensation. An appeal he later submitted to the Tel Aviv District Court was rejected.

Peled continues to appeal. He inundates the courts with various requests, including the recent appeal to bring pornography into prisons. First he turned to the District Court, and when his request was denied, he petitioned the High Court, claiming that the issue concerned his freedom of expression.

The panel of judges, headed by Supreme Court President Dorit Beinisch and Justices Elyakim Rubinstein and Hanan Meltzer, does not seem to be especially convinced by the prisoner's arguments, but a decision has yet to be made on the matter.