Israeli Supreme Court Judge Temporarily Halts New Communications Law Hours After Knesset Approval

On Sunday, just two days after the Knesset finalized the Communications Law, Supreme Court Justice Ofer Groskopf issued a unilateral interim injunction delaying the immediate implementation of key provisions in the law proposed by Communications Minister Shlomo Karhi. The injunction was granted before the state or Knesset could respond to petitions challenging the legislation. The judge cited "serious claims" in the petitions and warned that reversing the law after implementation would be difficult.

The new law aims to modernize Israel's media regulation by replacing an outdated licensing system with a broader registration model, consolidating regulatory frameworks, easing market entry for new players, and removing restrictions designed for an era of limited TV channels. It also seeks to reduce artificial separations between TV channels and news companies, adapting the market to streaming, internet, and international platforms. Critics argue the law threatens the dominant position of Channel 12, controlled by the Wertheim family, which also owns Coca-Cola Israel, a major economic and media power.

The article highlights a perceived alliance between Channel 12 and the judiciary, suggesting mutual interests: the court relies on the channel for public legitimacy and media support against government policies, while the channel depends on the court to protect its market dominance. This dynamic was exemplified in past legal battles involving journalist Ilana Dayan.

Justice Groskopf, appointed during Ayelet Shaked's tenure and seen as a right-leaning liberal, has quickly issued multiple injunctions against recent Knesset legislation, raising concerns about judicial activism. The article critiques the entrenched legal and academic establishment's resistance to reform and calls for a new constitutional court with clearly defined powers, broad public consensus in judicial appointments, and legitimacy rooted in the people rather than the existing legal elite.

Professor Moshe Cohen-Eliya, a constitutional law expert and founder of the "Masad Haaretz" research institute, authored the analysis, emphasizing the need for systemic judicial reform in Israel.