The Israeli High Court of Justice ordered a temporary freeze on specific provisions of Communications Minister Shlomo Karhi’s broadcasting reform legislation on Sunday, while declining to suspend the law in its entirety. Justice Ofer Grosskopf set a deadline of July 26 for the Knesset and government to respond to petitions challenging the law. Grosskopf consolidated nine separate legal challenges—three filed during the legislative process and six after the law’s passage—into a single case.
The judge noted that the petitions raised “substantial concerns” regarding both the procedural aspects of the law’s enactment and the structural changes it introduced. Given the law’s broad implications for Israel’s media landscape, Grosskopf emphasized the difficulty of reversing its implementation once enacted.
Limited Freeze Implemented for Immediate Provisions
Grosskopf chose not to suspend the entire law, citing that most provisions are scheduled to take effect two years after enactment. Instead, he froze only those components set to enter into force immediately upon publication, including the establishment of a five-member search committee tasked with recommending candidates for a new broadcasting regulator. This temporary measure effectively halts the formation process of the proposed regulatory body.
Communications Minister Karhi rejected the court’s authority to issue the freeze, arguing it lacks legal merit. He stated, “The High Court has no jurisdiction to freeze or nullify laws,” and declared he would not engage in the legal proceedings so long as the order remains in place.
The law, passed by the Knesset on Thursday with a 53-48 vote just before its dissolution, creates a unified broadcasting regulator to replace the Second Authority for Television and Radio and the Cable and Satellite Broadcasting Council. Key features include a search committee composed of government officials and an academic representative, which would recommend candidates for six of the regulator’s nine seats. The remaining three positions would be filled by civil servants from the Communications Ministry and other regulators.
Provisions for News Regulation and Enforcement Separated
Provisions governing news regulation, enforcement powers, international content platforms, and broadcast prohibitions were separated from the main bill before the final vote and will be advanced separately. Karhi and supporters argue the current regulatory framework inappropriately favors established broadcasters and stifles competition, deeming it outdated for today’s digital media environment.
Opponents, including legal and civil society groups, contend that the proposed regulator’s appointment structure grants the government excessive influence, potentially compromising media independence. New petitions filed by opposition lawmakers and organizations criticize the law’s rushed legislative process, arguing it bypassed the Knesset’s Economic Affairs Committee—which typically handles complex communications policy—in favor of a special Likud-led committee.
During a recent hearing, Supreme Court President Isaac Amit expressed reluctance to intervene prematurely but indicated that legal challenges could still be raised against the law’s validity and procedural flaws after its passage. The court will decide by late July whether to maintain the partial freeze, expand it further, or allow the immediate provisions to take effect while the underlying petitions proceed.
The deadline for respondents to submit positions is Sunday, July 26.
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