The High Court of Justice has issued a dramatic ruling overturning the government's decision to close the military radio station, Galei Tzahal. The decision, reached unanimously by Justices Daphna Barak-Erez, Alex Stein, and Yechiel Kasher, follows several petitions filed against the move, including those by the Movement for Quality Government in Israel, the Journalists' Association, the Israel Press Council, and the station's workers' committee. In the ruling, drafted by Justice Yechiel Kasher with the concurrence of his fellow panel members, it was unequivocally determined that the government's decision was based on an improper and extraneous consideration.
According to the court, the primary motive for closing the station was not administrative or budgetary, but rather the decision-makers' dissatisfaction with the content broadcast by the station, which they perceived as contrary to their views. The court noted that the government failed to refute these claims during the legal proceedings. Justice Kasher emphasized that it is unacceptable for an authority to decide to silence a broadcaster simply because their words are unpleasant to them.
He stated that a government acting in this manner operates in a blatantly undemocratic way, as a fundamental principle of democracy is the prohibition on the government using its power to silence criticism or views that it finds unfavorable. Justice Alex Stein added that given the station's status as a significant player in the media market, the government is required to act without flaws and without improper considerations. It should be noted that during the legal proceedings, Attorney General Gali Baharav-Miara harshly criticized the government's decision, arguing it was an illegal measure intended to silence a major media outlet.
In her view, the decision was made in haste and with a predetermined target in mind, without examining orderly alternatives, which she argued creates a chilling effect on free media outlets. Conversely, Defense Minister Israel Katz expressed strong opposition to the ruling. The Minister claimed that the court placed its judgment above that of elected officials and stated that the government believes there is no place for a radio station with political content within the IDF.
The Minister clarified that they intend to pursue the matter further once they receive a renewed mandate from the public in elections. This ruling follows a January interim injunction issued by the court that froze the government's decision to prevent irreversible actions until the final verdict. The practical significance of the ruling is that the station's operations will continue as normal, and the government's authority to close the station in the manner it attempted has been legally restricted, setting clear boundaries for the use of executive power against media outlets.