Israel's Attorney General Urges High Court to Freeze Communications Law

The Attorney General of Israel, Gali Baharav-Miara, has urged the High Court of Justice to issue an order freezing the implementation of a controversial communications law championed by Minister Shlomo Karhi. In her filing, Baharav-Miara warned that the law would severely harm free media and argued it was passed through a flawed legislative process, containing "an extreme accumulation of substantive defects."

Baharav-Miara requested that the court issue an interim order to "stop the severe damage to the free media market that will be caused by the Communications Law," which she referred to as "the Karhi Law." She stated that the law was enacted through a flawed procedure and possesses "an extreme accumulation of substantive defects." The Attorney General emphasized that this is an "exceptional and extreme case that justifies granting temporary relief suspending the entry into force of primary legislation," adding that the petitions' chances of success are "bright" and that the existing situation should be maintained until a final decision.

She explained that the provisions within the law lacked adequate safeguards for freedom of expression and the press. "The meaning of the law is the cancellation of the central and comprehensive arrangement designed to ensure journalistic independence and the reliability of news broadcasts in Israel, without establishing a dedicated alternative arrangement," she elaborated.

In July, Supreme Court Justice Ofer Groskopf issued a temporary order delaying the implementation of certain sections of the Communications Law, which had been approved by the Knesset just before its dispersal. This decision came amid the consolidation of several key petitions against the law and its legislative process. Justice Groskopf noted that the petitions raised "weighty claims" regarding both the legislative process and some of the new arrangements established or canceled by the law.

The High Court had previously expressed concern that given the extent of the changes and their potential impact on the media market on the eve of elections, it might become difficult to reverse the situation once the law takes effect. Among the provisions slated for implementation were allowing HOT and yes to own news channels, the immediate cancellation of structural separation between news companies and broadcasting bodies, and exposing news systems to foreign political and business interests of the capital owners. Additionally, the cancellation of Channel 14's existing investment obligation in news (over NIS 50 million) was also set to take effect.