Israel's Attorney General Urges Supreme Court to Uphold Ban on Communications Law

Israel's Attorney General, Gali Baharav-Miara, has called on the Supreme Court to maintain an interim order that suspends the "Communications Law," initiated by Communications Minister Shlomo Karhi. The law's implementation is halted pending a final decision on petitions filed against it.

In her position submitted to the court, the Attorney General argued that the dispute extends beyond the law's content to encompass a legislative process marred by an "unusual number of flaws." These deficiencies, she stated, occurred from the initial drafting stages within the government to its approval by the Knesset (parliament). Baharav-Miara contends these procedural defects were severe enough to infringe upon the rights of Knesset members to participate effectively in legislation and to disrupt the balance between the government and the legislature.

She further highlighted that the bill was published in the official records without the legal approval of her office, a step she described as "unusual and unprecedented." A key concern raised by the Attorney General relates to the rapid pace at which the law progressed. Despite proposals from the Knesset's legal counsel for a phased discussion and further staff work on contentious issues, this approach was abandoned, and the legislative speed accelerated.

The Attorney General also pointed to the Communications Minister's involvement, asserting that parts of the law were formulated without adequate input from legal advisors. She noted that the special committee, chaired by MK Galit Distel Atbaryan, which advanced the bill, operated in a manner that undermined the independence of parliamentary debate.

Furthermore, Baharav-Miara warned that the law's enactment could trigger structural changes in the communications market, particularly in news and current affairs, which would be difficult to reverse. This concern is amplified, she added, given the upcoming election period and the potential impact on freedom of expression and the press.