Israel's Supreme Court Overturns Appointments to Second Authority Council

Israel's Supreme Court unanimously ruled on Tuesday to cancel the government's appointments of Dr. Ifat Ben-Hagai Segev as chairwoman and Adv. Kineret Barashi and Dr. Haim Shine as members of the Second Authority for Television and Radio Council. The ruling, delivered by a panel including President Isaac Amit and Justices Alex Stein and Ruth Ronen, found that the government's decisions were based on incomplete information and, in one case, a conflict of interest.

Regarding Barashi and Shine, the court determined that the appointments committee did not receive all relevant data. President Amit noted that public statements made by candidates against media outlets, which the council oversees, could be relevant to their suitability and potentially raise concerns about impartiality. He stated that many pertinent details concerning Barashi and Shine were not presented to the committee, rendering the government's decisions, based on the committee's recommendations, flawed due to a lack of complete factual basis. Justice Stein, however, clarified that there is no impediment to reappointing Barashi and Shine, provided appropriate conflict-of-interest arrangements are made.

A separate issue involved Ben-Hagai Segev's appointment, as she had testified in Prime Minister Benjamin Netanyahu's criminal trial. President Amit ruled that Netanyahu's involvement in her appointment constituted a violation of the conflict-of-interest arrangements applicable to him. The court rejected the argument that the conflict was nullified because her testimony concluded in 2022, emphasizing that such arrangements also aim to prevent the appearance of favoritism towards a witness.

The court also addressed a subsequent government vote on March 31, held after the initial appointments, which excluded Netanyahu. It concluded that this second vote did not rectify the initial flaws, citing that the agenda item was raised with Netanyahu's personal approval and the renewed vote lacked a fresh, independent review of the factual and legal basis. President Amit, joined by Justice Ronen, further ruled that all council members' appointments should be re-examined by the committee if the Communications Minister seeks to advance them again, emphasizing the collegial nature of the council and the passage of time since the original recommendations.

Justice Stein dissented from the majority's broader scope, believing a review of all other council members was unnecessary. Nevertheless, all three justices agreed on the cancellation of the appointments for Ben-Hagai Segev, Barashi, and Shine. This ruling comes amidst a backdrop of a prior government decision, led by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, declaring that the state would not recognize any decisions or appointments made by the Second Authority Council, a move seen as a direct challenge to Supreme Court rulings.