Israel's High Court Orders Minister to Appoint Public Broadcaster Board Members

Israel's Supreme Court has ordered Communications Minister Shlomo Karai to appoint four individuals to the board of the public broadcasting corporation, Kan. The court, in a ruling by Justice Ofer Grosskopf, stated that Karai must accept the recommendations of the selection committee and appoint Michal Rafaeli-Kaduri, Professor Menahem Ben-Shashon, CPA Amir Sebhat, and Aliza Dayan-Hamama to full four-year terms. Three of these appointments are extensions of existing terms.

Justice Grosskopf criticized Minister Karai's approach, describing his attempts to disqualify candidates as "straw arguments" and noting that Karai failed to provide valid reasons for deviating from the selection committee's recommendations. The court emphasized the importance of the committee's role and the need to maintain the broadcaster's independence. The ruling came in response to a petition filed in 2022 by the Tzlaha movement, which highlighted Kan's lack of a quorum to make decisions due to expiring board memberships.

Karai had argued against the appointments, citing issues with the selection process, alleged affiliations of candidates, and lack of relevant experience for some. However, the court dismissed these claims, finding no flaws in the appointment procedures and confirming the candidates met the required qualifications. The Attorney General, Gali Baharav-Miara, supported the petition, stating Karai's actions aimed to paralyze the Kan board.

To prevent further paralysis of the corporation, Justice Grosskopf also granted a temporary extension for the term of Kan's CEO, Golan Yochpaz, whose tenure was set to expire in November. This extension is valid for up to 60 days after the board can convene and select a new CEO, as the current lack of quorum prevents such a decision. The Ministry of Communications was ordered to pay NIS 50,000 in legal costs, in addition to a previous NIS 100,000 payment.

If Minister Karai fails to sign the appointment letters within one week, the four appointments will take effect automatically by court order. Justices Yitzhak Amit and Gila Kenfy-Steinberg concurred with Justice Grosskopf's ruling.