Supreme Court Overturns Government Appointments to Second Authority

Israel's Supreme Court unanimously nullified the government's appointments to the Second Authority for Television and Radio Council, including the chairperson and two council members. The court, in a ruling penned by Supreme Court President Isaac Amit, found that Prime Minister Benjamin Netanyahu violated conflict of interest rules by promoting the appointment of a witness in his trial to a senior public position. The judges also criticized the hasty appointment process.

The appointments of Dr. Ifat Ben-Haim Sevag as chairperson, and Adv. Kineret Barashi and Dr. Haim Shine as council members, were voided. The court ordered that the review of all prospective council members be returned to the Committee for Examining Appointments in the Civil Service. To prevent a regulatory vacuum, the outgoing council, led by Mordechai Mordechai, will continue to serve temporarily until a new council is formed. The government was ordered to pay 50,000 shekels in legal expenses to the five petitioners.

The ruling followed five separate petitions filed by various groups, including News 12, the Journalists' Association, and the Movement for Quality of Government. Petitioners argued the appointment process was rushed and lacked a proper factual and legal basis. Concerns were also raised about the candidates' suitability due to past public statements against media outlets they were meant to regulate, suggesting a potential for bias.

A central issue was the complex relationship between candidate Ifat Ben-Haim Sevag and News 12, with whom she had a defamation lawsuit. President Amit highlighted the inherent difficulties of a regulator having a personal libel suit against a major broadcaster they oversee, especially since she ultimately lost the case. He noted her past statements describing News 12 as the leading media body shaping the agenda and accusing it of a continuous attack on her good name.

The court also criticized Prime Minister Netanyahu's involvement, stating his promotion of Ben-Haim Sevag, a witness in his trial, constituted a clear breach of his conflict of interest obligations. The court rejected the government's argument that the conflict was no longer relevant as her testimony concluded in 2022, emphasizing the prohibition aims to prevent the appearance of favoritism towards a witness. The court also voided the appointments of Kineret Barashi and Haim Shine, citing insufficient factual basis and, in Barashi's case, harsh public statements against regulated media entities and potential political affiliations that were not adequately investigated.

President Amit also sharply criticized Communications Minister Shlomo Karhi and his associates for allegedly pressuring outgoing council members to resign, calling it a disturbing trend of "administrative paralysis as policy." While Justice Ruth Ronen fully concurred, Justice Alex Stein expressed reservations regarding the return of other members for re-examination, suggesting Barashi and Shine could be reconsidered under appropriate conflict of interest arrangements.