Election Law Needs Overhaul, Israel's Top Election Judge Rules

The Chairman of the Central Elections Committee, Judge Noam Sohlberg, ruled on Monday that publications by Prime Minister Benjamin Netanyahu and Ministers Bezalel Smotrich and Haim Katz constituted election propaganda using public assets illegally. Sohlberg called on the Knesset to comprehensively amend the law on propaganda methods to adapt it to the social media era, while emphasizing that current laws must be followed until changes are made.

The ruling came in response to two petitions concerning publications from August 9th, which originated from two state events and were distributed through official government channels as well as the private accounts of the Prime Minister and ministers. One publication detailed the "From Reserves to Key" housing benefits program for reservists, presented by Netanyahu, Smotrich, and Minister of Construction and Housing Haim Katz. Sohlberg determined this publication exceeded mere public information, becoming election propaganda by presenting the program as a finished achievement before its approval and using personal language and official government materials.

The second petition addressed remarks made by Netanyahu at the start of a government meeting. Sohlberg found that while some of his speech was legitimate public information on security and diplomatic matters, other parts were clearly propagandistic. He specifically cited statements about preventing Iran from obtaining nuclear weapons and the non-establishment of a Palestinian state, attributing these achievements to his personal leadership.

Sohlberg ordered the removal of the first publication from the Prime Minister's and ministers' accounts. The second publication could remain only after payment for the use of government press materials and the removal of the propagandistic segments. The respondents were ordered to pay 5,000 shekels in expenses to each petitioner.

In his decision, Sohlberg urged lawmakers to revise the 1959 law, particularly concerning online propaganda, stating, "Instead of complaining about the ruling, amend the legislation." He encouraged the Knesset to use the periods between elections to update the law to reflect current realities.