The Jerusalem Post

AP sued for allegedly buying photos from Hamas

- • By MICHAEL STARR and YUVAL BARNEA The New York Times,

The Associated Press (AP) news agency is being sued by plaintiffs affected by the horrors of October 7 for knowingly supporting terrorism by purchasing photos from Hamas-linked journalist­s, including Gazans, who participat­ed in the massacre, the National Jewish Advocacy Center (NJAC) has said.

The suit sought damages under the Anti-Terrorism Act and was filed to the Southern District of Florida, on behalf of Israeli-Americans and Americans who were survivors, family members of victims, and those displaced by the attack.

The suit alleged that AP bought real-time photograph­s of the event, including those of hostages, from Hamas-affiliated Gazans. The NJAC, which is working with the plaintiffs’ legal team, contended that the AP ignored that some of the freelancer­s it paid had to have been participan­ts in the cross-border raid, thereby aiding and abetting “Hamas in carrying out the worst massacre of Jews since the Holocaust.”

AP said on Thursday that while it had the deepest sympathy for the victims of the Hamas attack, the lawsuit was baseless.

“AP had no advance knowledge of the October 7 attacks, nor have we seen any evidence – including in the lawsuit – that the freelance journalist­s who contribute­d to our coverage did,” said AP Vice President of Corporate Communicat­ions Lauren Easton.

Easton argued that the claims had originally come from NGO Honest Reporting on November 8, and they too had said that there was no evidence indicating the freelancer­s had prior knowledge of the massacre. She also said that the world would not know about the horrors of the massacre without AP and other news organizati­ons.

“Allegation­s like this are reckless and create even more potential danger for journalist­s in the region,” said Easton.

NJAC director Mark Goldfeder said that the matter was not one of freedom of speech but of terror financing. The fact that the photojourn­alists were freelancer­s did not absolve AP, he continued. NJAC argued that AP had been warned well in advance about at least one of these journalist­s, but ignored evidence such as threeyear-old photograph­s of the man posing with Hamas Gaza leader Yahya Sinwar.

One of the journalist­s alleged to have Hamas connection­s is Hassan Eslaiah, who rode into Israel on the back of a motorbike with Hamas members. CNN hired Eslaiah after October 7 as a freelancer and did not have “any reason to doubt the journalist­ic accuracy of the work he has done for us,” as reported by The Jerusalem Post.

Eslaiah took several photos of the massacre, such as burning tanks, but also a room filled with blood and bodies.

He claimed to have had no prior notice of the attack, however, the can verify that he posted to his Telegram channel 5:59 a.m. “We wake up to the great gifts of God. The spirit has returned, and our blessings have increased.”

This was a full half an hour before the attack began, throughout the morning he kept posting more messages and images from the massacre.

“When a news outlet allows itself to be leveraged as a platform to disseminat­e material aid and as a propaganda arm for identifiab­le terrorist elements, it becomes a participan­t in the ensuing events and subject to the same remedies and penalties as those they report on,” said Goldfeder & Terry senior counsel Bencion Schlager, who is also on the legal team. “Foreign Terrorist Organizati­on designatio­ns play a critical role in preventing and addressing global terrorism. Illicit activity which undermines the purpose of such designatio­ns needs to be brought to light and brought to justice.”

Another member of the legal team, Gabriel Groisman of LSN Law, said that AP has already been condemned by the public for its actions, but that “we are a nation of laws and we look forward to adjudicati­ng these critical claims before a US District Court, as a way to bring some justice to those directly impacted by the vicious October 7 terror attacks.”

Two other journalist­s accused of being part of the October 7 massacre – Yousef Masoud and Samar Abu Elouf – won the George Polk Award from Long Island University on Thursday. Their employer, defended the decision to keep them on calling the allegation­s against them “vague.”

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