Israeli Court Overturns Minister's Decision, Orders Appointments to Public Broadcasting Council

Israel's Supreme Court has overturned a decision by Communications Minister Shlomo Karhi to reject the appointment of four candidates to the board of the Public Broadcasting Corporation, Kan. A three-judge panel ruled unanimously that the minister's refusal was unlawful, ordering the appointments to proceed for a four-year term.

Despite this ruling, the Kan board still lacks the necessary quorum of seven members to make critical decisions, including appointing a new CEO. The court noted that the board has been operating with a deficit for over four years, a situation that has worsened, leading to what Justice Ofer Grosskopf termed 'administrative paralysis.' This paralysis, he explained, prevents the board from fulfilling its duties, most critically the appointment of a new CEO.

The case stemmed from the end of tenure for several board members, which led to the quorum deficit. The board is meant to have 12 members, requiring at least seven for a meeting. After five members' terms ended in November 2024, the board lost its ability to convene.

Minister Karhi had previously removed Judge Nechama Monitz from the selection committee after her chosen candidates did not align with his agenda. This move was challenged in court, and the Supreme Court eventually allowed the committee to resume its work. In May, the court issued a partial ruling supporting the advancement of four candidates recommended by the committee: Michal Rafaeli Kaduri, Prof. Menahem Ben Sasson, CPA Amir Sebhat, and Aliza Dayan Hamama. Karhi rejected these recommendations in June, citing various reasons.

Justice Grosskopf dismissed Karhi's objections as 'straw arguments' and emphasized that the selection committee's recommendations carry significant weight. He likened the situation to a football team unable to substitute an injured player, stating that the board cannot afford to be without essential expertise, especially when the deficit paralyzes the entire body. The court also extended the term of the current CEO, Golan Yochpaz, for 60 days beyond the point when a quorum is established, to prevent complete operational shutdown while the board attempts to reach the required number of members.

Attorneys for the organizations that filed the petitions hailed the ruling as a victory for public broadcasting independence and proper appointment procedures, asserting that deliberate obstruction and paralysis cannot be legitimate administrative tools.