Israel's High Court Orders Communications Minister to Approve Public Broadcasting Appointments

Israel's Supreme Court has ordered Communications Minister Shlomo Karhi to approve four appointments to the Public Broadcasting Corporation's council within seven days, ruling that the appointments will take effect even without his signature. The court dismissed Karhi's stated reasons for blocking the appointments as "straw arguments." The ruling came in response to petitions filed by the "Tzahalot" organization, which highlighted that the council could not convene or make decisions due to a lack of the legally required minimum number of members.

The court's decision mandates the appointment of Aliza Dayan Hamama and the extension of terms for Michal Rafaeli Kadori, Professor Menachem Ben Sasson, and CPA Amir Sabhat. These candidates had received approval from the relevant vetting committee, but Karhi had rejected their recommendations in June, citing concerns about their suitability for the full council composition and alleged flaws in the selection process. He also raised issues regarding term limits and the need for renewal for those whose terms were to be extended.

The judges rejected Karhi's justifications, stating that his discretion in these appointments is limited given the legal appointment mechanism and the importance of maintaining the corporation's independence. They found no justification for delaying the appointments, especially when such a delay would paralyze the council. Regarding Professor Ben Sasson, Karhi had argued that his public statements against government policy and participation in protests could undermine public trust. Justice Ofer Grosskopf dismissed this, reminding that public protest or political expression does not automatically disqualify a candidate under the law.

Even with these appointments, the council will have only six members, one short of the seven required to exercise its full powers, including appointing a CEO. Consequently, the Supreme Court also ordered a temporary extension of CEO Golan Yochpaz's term, which was set to end on November 6th. His tenure will be extended for up to 60 days beyond the date the council can legally appoint a new CEO. The Ministry of Communications was also ordered to pay NIS 50,000 in legal costs to "Tzahalot" and the corporation.