UK Lawyers for Israel (UKLFI) has cautioned that artists in the film industry and their organisations in the UK would likely breach the UK’s Equality Act if they implement the “Film Workers for Palestine” boycott. This could invalidate insurance policies and preclude public funding.

Olivia Coleman and Joaquin Phoenix are among thousands of actors and film and television employees to have signed the boycott, which relies on a misinterpretation of the January 2024 Provisional Measures Order of the International Court of Justice (ICJ) in South Africa’s case against Israel alleging genocide in Gaza – even though then ICJ President, Judge Joan Donoghue, has confirmed that it did not decide there was a plausible case of genocide by Israel.

UKLFI has written to prominent studios and screen organisations operating in the UK, including Netflix, Disney, the BBC, ITV and Film4, warning them that complicity in the boycott would be likely to breach the UK Equality Act 2010 (EA). UKLFI’s letter also notes that this could invalidate insurance policies if not disclosed, render a film ineligible for government funding, or trigger clawback of finance already granted.

The “Film Workers Pledge to End Complicity” is an embargo against Israeli film institutions, including festivals, cinemas, broadcasters, production companies, etc., with the notable exception of organisations comprised of Arab-Israeli individuals.

UKLFI pointed out that the exemption of Arab Israelis “strongly indicates that the Boycott’s operation is based not only on nationality but also on religion and ethnicity”.

The EA prohibits direct or indirect discrimination against persons because of “protected characteristics”, which include race, religion and philosophical belief.

Jewish people are generally protected on the basis of both religion and ethnicity. Israelis are protected on the basis of nationality. Most Israelis and Jews are also protected on the basis of philosophical belief, which includes belief in the right of Jews to self-determination (see Grainger v Nicholson, McEleny v Ministry of Defence and Miller v University of Bristol).

A spokesperson for UKLFI commented:

“This boycott breaches the law in this country which protects people of all religions, races and nationalities from discrimination. If we allow celebrities to discriminate in this way, it erodes the protection for everyone.”

For those in the industry working in the US, UKLFI also point out that the Louis D. Brandeis Center in Washington D.C., has shown that the boycott infringes US Federal and State laws.