In a precedent-setting ruling on Thursday, the High Court of Justice ruled unanimously in favor of the petitioners and ordered the cancellation of the government's decision to shut down the Army Radio station (Galatz). The bench, composed of Justices Daphne Barak-Erez, Alex Stein, and Yechiel Kasher, accepted the petitions filed by several entities, including the Movement for Quality Government, the Union of Journalists, the Press Council, and the station's workers' committee.
In the ruling, penned by Justice Kasher and supported by the other members of the panel, it was determined that the primary motive for closing the station was the dissatisfaction of decision-makers with the content broadcast, which they perceived as contrary to their own views. According to reports by Channel 13 News, the justices clarified that the government failed to refute the allegations of improper motives after a conditional order was issued on the matter.
The ruling states that using government power to silence broadcasters whose words do not please the authorities is an act contrary to the foundations of democracy. Justice Stein emphasized that due to the station's importance in the media sector, a particularly high level of scrutiny is required to ensure processes are free of defects. This proceeding followed a sharp opinion submitted last January by Attorney General Gali Baharav-Miara against the government's decision.
Baharav-Miara argued it was an illegal move intended to silence a media outlet and promote a chilling effect. Prior to this ruling, the High Court issued an interim injunction to freeze the station's closure, signed by Supreme Court President Justice Isaac Amit, due to fears of irreversible actions. Defense Minister Israel Katz reacted sharply to the High Court's decision, stating that he disagrees with it and claiming that the court placed its judgment above that of elected government ministers.
The minister clarified the government's intention to address the issue again in the future. This is a decision of fundamental importance regarding the relationship between the political echelon and press freedom in Israel, with the Supreme Court clarifying that even administrative decisions of a political nature are subject to strict judicial review, especially when there is concern about infringing on basic democratic principles.