Supreme Court Demands Government Justify Communications Law Amid Procedural Challenges

Israel's Supreme Court has issued a conditional order demanding the Minister of Communications and the government explain why the Communications Law should not be canceled due to alleged significant flaws in its legislative process. The court's focus, at this stage, is solely on the procedural aspects of the law's enactment, not its substantive provisions. This means the court will first decide if the law should be voided based on claims of an improper legislative procedure, before addressing other substantive issues.

Previously, after the Communications Law was finalized by the Knesset and petitions were filed against it, an order was issued freezing its implementation. Justice Groskopf noted in his decision at the time that the petitions raised "weighty claims both regarding the legislative process of the Communications Law (Broadcasting), 5786-2026 (hereinafter: the Communications Law), and regarding some of the arrangements established in the Communications Law or canceled by its authority." He added that "given the scope of changes made within its framework and its expected impact on the communications market, there is also a concern that after its entry into force, it will be difficult to 'turn back the clock.' Nevertheless, given that the application of most of the Communications Law's provisions is not immediate, I did not see fit to issue an interim order regarding the law as a whole."

The law, intended to reform the communications market, was rapidly advanced by the minister, reportedly ignoring legal counsel's warnings, and underwent numerous changes. It comprises 149 sections, with 3,294 reservations filed against it. The Attorney General's office argued that the bill's advancement suffered from "material flaws," endangered the nature of free communication in Israel, and would prevent it from fulfilling its vital role in a democratic society.