Challenging 7 Oct. ‘Hamas massacre’ in Israel punishable by jail

The Israeli Knesset enacted a law on Tuesday criminalising the denial, minimisation, or celebration of the 7 October attack on southern Israel, led by Palestinian group Hamas. 

Proposed by Yisrael Beiteinu Member of Knesset Oded Forer, the legislation passed its final reading with unanimous support, 16-0, according to the Times of Israel. 

Inspired by Israel’s 1986 Holocaust denial law, the new measure stipulates that anyone who denies the events of 7 October in verbal or written form, with the intent to defend or show sympathy for Hamas or its affiliates, could face up to five years in prison. 

“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,” Forer declared following the vote.  

“Anyone who tries to deny Hamas’ heinous crimes is an active partner in spreading lies and incitement that undermine the foundations of our society.”

Forer further explained the newly-implemented law, stating: “In an era where lies are spread at the speed of light on social media and in the international arena, this law is a bulwark. Not only for the memory of the murdered and the honor of the survivors, but for the sake of future generations who will remember the truth, and not the lies that try to obscure it.” 

The 7 October attack by Hamas resulted in the deaths of approximately 1,200 people and the abduction of 251 captives taken to Gaza. 

Widespread criticism 

However, the law has sparked debate over its implications for free speech and its potential consequences on criminal cases related to 7 October. 

Israeli Attorney General Gali Baharav-Miara previously expressed concerns about the law, noting that it might require the disclosure of sensitive evidence that could complicate the prosecution of Hamas members.  

She also highlighted that Holocaust memory laws were established only after a clear historical record of the genocide was established, unlike the rapid introduction of this law following the recent attack. 

Criticism has also emerged from human rights advocates. 

Gil Gan-Mor of the Association for Civil Rights in Israel told the Times of Israel: “The criminalization of expressions should be preserved for extreme circumstances where there is a real and imminent threat, such as incitement to violence. The denial of the massacre is regrettable and flagrant, but it is not one of those extreme cases.”

Gan-Mor argued that the ambiguous wording of the law could create a chilling effect on free expression. 

This law also adds to growing concerns about Israel’s broader restrictions on free speech. 

In November 2024, the Israeli government imposed a boycott on the newspaper Haaretz, barring state officials from engaging with it.  

In addition, Israel renewed a closure order for Al Jazeera’s Ramallah office in the occupied West Bank and extended a ban on its broadcasts from Israel. 

Meanwhile, critics have argued that baseless allegations of mass rape by Hamas have been weaponised as part of Israel’s narrative during its ongoing war in Gaza. 

Despite many investigations by official bodies, Israeli authorities admitted earlier this month that no reports of rape or sexual assault have been filed from the events of 7 October. 

Earlier this month, Israel also blocked a UN probe which was set to investigate accusations of sexual assault allegedly committed by Hamas on 7 October.

According to Haaretz, the investigation was been blocked due to concerns it would require access to put Israeli sexual assaults against Palestinians under scrutiny.

Since the 7 October, Israel’s military campaign in Gaza has killed over 47,000 Palestinians, most of them women and children, according to Gaza’s health authorities. The war on the Strip has plunged it into a deep humanitarian crisis and levelled entire neighbourhoods.

Investigations carried out by rights groups such as Amnesty International and Human Rights Watch have determined that Israel’s actions in Gaza amount to gencoide.