Israeli Supreme Court Suspends New Communications Law Pending Further Review

The Israeli Supreme Court issued an interim injunction on Sunday against the implementation of recent amendments to the Communications Law, which were approved last week in the Knesset's second and third readings. The injunction followed a petition filed by Democratic Party leader MK Efrat Rayten and former Communications Minister Eitan Ginzburg. Justice Ofer Groskopf granted the temporary order until a decision is made on requests for a preliminary injunction. All parties involved, including current Communications Minister Shlomo Karhi, were ordered to submit their positions by the following Sunday.

The Knesset passed the law on Thursday with a narrow majority of 53 votes in favor and 48 against. The legislation establishes a new Broadcast Authority to replace the Second Authority and the Cable and Satellite Broadcasting Council, with an annual budget of 25 million shekels. According to the bill, the policy council overseeing the authority will be appointed by the Director-General of the Communications Ministry. The law also permits the creation of new news channels with minimal regulatory oversight and removes the structural separation between channels and their news companies.

Knesset legal advisor Attorney Shagit Afik warned lawmakers of procedural flaws in the legislation process, noting that the special committee failed to discuss submitted objections. Afik emphasized that bypassing substantive debate on amendments either in committee or plenum constitutes a legislative defect, especially given the heavy influence of the Communications Minister on the bill's wording, which undermined the committee's authority and member participation.

Minister Karhi acknowledged in the Knesset that he advanced the law at Prime Minister Benjamin Netanyahu's request, despite Netanyahu being barred from decisions related to Israeli media due to his ongoing trial. Karhi told Netanyahu, "Sir, the task you assigned me has been completed." The Knesset expedited the law's approval to finalize it within the current term, including splitting the Communications Law proposal for legislative purposes.