Israeli Supreme Court to Hear Petitions Against Controversial Broadcasting Law Tomorrow
The Israeli Supreme Court is set to hear petitions on Monday challenging the Broadcasting Law proposed by Communications Minister Shlomo Karhi, despite the legislative process not being finalized. This law, a flagship initiative of Karhi's tenure, originally included sweeping regulatory changes aimed at dismantling free media in Israel and placing it under a politically appointed regulator. To approve the law, the Knesset formed a special committee chaired by former Minister of Public Diplomacy Galit Distel-Atbaryan, which faced constant clashes with critics and its legal advisory team.
The petitions, submitted by the nonprofit organization Hatzlacha, the Journalists Association, and the Press Council, argue that the legislative process was severely flawed. They claim Karhi presented draft versions of the law to the committee without professional review, arbitrarily adding or removing provisions. Due to the law's complexity and difficulties in committee approval, the coalition had to remove some major reforms, including most powers intended for the new broadcasting regulator. However, provisions remain that severely harm free media, notably the removal of cross-ownership bans and the structural separation between channel owners and their news companies.
Additional clauses, some added late at night, grant significant financial benefits to the pro-government propaganda Channel 14. The latest amendment occurred just last week. After the committee approved the law for second and third readings, the Knesset plenum sent it back to committee following opposition from Shas and United Torah Judaism over the government's app operating on Shabbat and concerns it might broadcast content they consider obscene. Removing the app eliminates one of the few public benefits remaining in the bill.
According to Hatzlacha's legal advisor, Attorney Elad Mann, the court hearing will address key issues: whether the government was authorized to advance such a broad reform without completing necessary professional and legal reviews; whether the Knesset can fix these governmental flaws or must complete the unfinished work itself; and the legality of transferring the bill to a special committee rather than the Economics Committee, allegedly to bypass parliamentary oversight. The court will also examine the legislative process's management, including rapid discussions, frequent text changes, and last-minute returns to committee. Finally, the court will consider the implications of splitting the law and removing chapters on news, supervision, and enforcement, which Mann argues creates an incomplete regulatory framework lacking sufficient tools for implementation and enforcement.
