Israel's High Court Orders Minister Karai to Approve Public Broadcasting Appointments
Israel's Supreme Court has ordered Communications Minister Shlomo Karai to approve four appointments to the Public Broadcasting Corporation's council within seven days, ruling that his objections were "straw arguments." If Karai fails to sign the appointment letters by the deadline, the appointments will take effect by court order. The ruling, made unanimously by a panel including Supreme Court President Yitzhak Amit, addresses petitions filed by the "Tzahalot" organization.
The core issue was the inability of the corporation's council to convene and make decisions due to a shortage of members below the legal minimum. The court's decision mandates the appointment of Aliza Dayan Hamama and extends the tenures of Michal Rafaeli Kadori, Professor Menachem Ben Sasson, and CPA Amir Sabat. These candidates had received approval from the relevant vetting committee, but Karai had rejected their recommendations in June.
Karai had argued that he needed to assess the candidates' suitability for the full council composition and that procedural flaws existed in their selection. For those whose terms were to be extended, he raised concerns about term limits and the need for renewal. He maintained that he considered only relevant factors.
The court rejected Karai's justifications, stating that his discretion in these appointments is limited by law and the importance of maintaining the corporation's independence. It also found no reason to delay the appointments, especially when doing so would paralyze the council. Regarding Professor Ben Sasson, Karai claimed his public criticism of government policy and participation in protests could undermine public trust; the court dismissed this, citing that public expression or protest does not disqualify a candidate.
Despite these appointments, the council will still have only six members, one short of the seven required to exercise its full powers, including electing a CEO. Consequently, the court also ordered a temporary extension of CEO Golan Yochpaz's term, which was set to end on November 6, until the council can appoint a new CEO. The Ministry of Communications was also ordered to pay NIS 50,000 in legal costs to "Tzahalot" and the corporation.
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