Israeli Supreme Court Questions Expansion of Regional Radio Broadcasts Amid Security Claims

The Israeli Supreme Court held a hearing on Wednesday regarding petitions against the Second Authority Council's decision to expand the broadcast areas of several regional radio stations, including Radio Kol Chai owned by Yitzhak Mirilashvili, who also owns Channel 14, and Radio Kol BaRama owned by Tzvi Amar. The petitions were filed by Lobby 99 and the Tzlacha Association, challenging the expansion as exceeding legal authority and providing commercial advantages to the stations by increasing advertising revenue. The court panel, led by President Yitzhak Amit and including Justices Alex Stein and Gila Kanfi-Shtainitz, has yet to issue a ruling.

The expansion decision was made against the backdrop of heightened security concerns, aiming to broaden early warning coverage for various populations, particularly the Haredi community. It was argued that approximately 10,000 owners of kosher phones in northern Israel do not receive Home Front Command alerts, and regional radio broadcasts would serve as an additional alert mechanism. Initially, the Supreme Court issued an interim injunction halting the expansion, but after Communications Minister Shlomo Karhi authorized it under emergency powers before the election period, the court partially lifted the injunction for Kol Chai and Kol BaRama, which primarily serve the Haredi population.

During the hearing, President Amit questioned the rationale for allowing commercial stations to broadcast outside their licensed areas when no alerts are active, suggesting broadcasts should only resume automatically if the alert level escalates to red. Amit asked, "Why? To increase audience? What is the logic?" Attorney Ohad Shalem, representing Minister Karhi, responded that Israel remains in a state of emergency and the minister's decision was made accordingly. Lobby 99's attorney, Einat Solnik, argued that the emergency provision was intended for prioritizing resources during crises, not for expanding commercial content and advertising, especially during elections. She emphasized that even in wartime, such authority must be exercised with proportionality and suggested maintaining regional broadcasts unless a war or alerts justify expansion.