A comedian was arrested on Monday night for allegedly “disturbing the public order” due to controversial jokes about the October 7 Hamas attacks and the hostages held in Gaza. Nidal Badarny, an Arab Israeli comedian, was taken into custody at his Haifa home at 8 p.m. but was released five hours later without any charges.
The arrest followed weeks of police pressure on venues hosting Badarny’s shows. The authorities reportedly contacted theaters, warning them to cancel his performances, and even called the comedian directly, unlawfully instructing him to stop performing when one venue refused to comply.
Adalah, a legal aid organization that advocates for Arab citizens and Palestinians under Israeli control, condemned the police actions. They argued that Badarny’s arrest infringed on his right to free expression, a right upheld by the Israeli Supreme Court. The organization also pointed out that this arrest is part of a broader pattern of police action since the October 7 attacks, during which many Arab Israeli citizens have faced similar charges for comments or participation in demonstrations, which Adalah asserts are protected forms of speech.
In response to the arrest, the police claimed that Badarny’s online videos contained “crass comments” that raised concerns of public disorder. They did not elaborate further on the nature of the comments. In July 2024, State Attorney Amit Aisman noted that some investigations into “disturbing the public order” were used to bypass legal requirements, including the need for authorization from the State Attorney’s Office when pursuing charges of incitement.
Adalah sent a letter to the Attorney General’s Office, protesting the harassment of Badarny and warning that they would take the matter to Israel’s High Court if the police attempted to prevent his upcoming performances in Nazareth and Haifa. “The police are using arrests as a tool to intimidate and suppress free speech,” said Adalah attorney Hadeel Abu Salih.
Abu Salih noted that in approximately 60 cases where police had investigated “disturbing the public order” due to various forms of expression, no charges had ever been filed.
Badarny, known for his sharp humor, faced backlash after sharing videos that joked about the October 7 massacre and the hostages held by Hamas. In one video, he joked that Palestinians had demonstrated that “Toyotas don’t break down,” referencing the Toyota trucks used by Hamas militants in their attacks. He also quipped that certificates given to released female soldiers by Hamas, featuring their tracksuits, were “for completing a pilates course.”
Further comments included a joke about Thai workers abducted by Hamas, suggesting they had mistaken the trucks for transportation to work. These videos garnered significant attention, especially after Channel 13 and the right-wing Betzalmo organization filed complaints with the police.
The police pressured a venue in Haifa to cancel Badarny’s scheduled performance in January, citing that the show “supported the October 7 massacre” and “mocked the hostages.” When the venue resisted, the police intervened. Following this, performances in Nazareth were also canceled due to police threats. At one point, Badarny received an unlawful order not to perform, with a police officer stating, “This is not open to debate.”
Minister of Culture and Sports Miki Zohar supported the police’s actions, saying, “Anyone who jokes about hostages and supports Hamas should be in jail, not on stage.” Meanwhile, MK Ahmad Tibi defended Badarny, noting that while Israeli artists made extreme statements about Palestinians without facing consequences, Badarny was arrested for dark humor.
Tibi emphasized that Badarny’s comments did not call for violence or harm, unlike some inflammatory remarks by Jewish artists, and pointed out the disparity in how Arab and Jewish public figures are treated. “When it comes to Arabs, the joke ends quickly,” Tibi said.
