Israel's Supreme Court Unanimously Nullifies Media Council Appointments

Israel's Supreme Court has unanimously voided the appointments of three members to the Second Authority for Television and Radio Council, citing significant procedural flaws and conflicts of interest. The court's decision, authored by President Yitzhak Amit, found that the appointments of Kinneret Barashi, Haim Shine, and Yifat Ben-Haim-Tzav (who was also appointed council chair) were made without adequate factual basis and failed to properly address concerns about bias and conflicts of interest.

The ruling stemmed from five petitions filed against the government's decision to appoint fifteen members to the council. Petitioners, including the Movement for Quality of Government and Channel 12's news company, argued that the appointees had made biased public statements against media outlets regulated by the council, raising fears of unfairness. The Attorney General supported some of these claims, stating the vetting committee lacked crucial information regarding conflicts of interest and potential animosity from candidates.

President Amit emphasized that while the court respects the executive branch's discretion, it will intervene in appointments marred by substantive administrative defects. He noted that the committee must base its decisions on solid facts, and that candidates' past statements are relevant to their suitability, especially if they suggest bias. The court found that insufficient data was presented to the committee regarding Barashi and Shine, and specifically highlighted a conflict of interest concerning Ben-Haim-Tzav's appointment. President Amit determined that Prime Minister Netanyahu violated conflict of interest rules due to Ben-Haim-Tzav being a witness in his criminal trial, even after her testimony concluded, to prevent even the appearance of impropriety.

The court ordered that the government's decisions be nullified and the cases of all council members be returned for re-evaluation by the vetting committee. This is especially pertinent given subsequent developments, including the resignation of two other council members, leaving only ten. Justices Ruth Ronen and Alex Stein concurred with the ruling regarding Ben-Haim-Tzav, Barashi, and Shine, though Stein expressed reservations about returning all other members' cases for review, suggesting Barashi and Shine could be reappointed if appropriate conflict of interest arrangements were made.