In a precedent-setting ruling on Tuesday, the Supreme Court ordered the cancellation of the appointments of three senior figures to the Second Authority for Television and Radio council. The decision, handed down unanimously by a panel led by Chief Justice Yitzhak Amit, alongside Justices Alex Stein and Ruth Ronnen, concerns the appointment of Dr. Ifat Ben-Hai Segev as Council Chair, and the appointments of Adv. Kinneret Barashi and Dr. Chaim Shine as members. Petitions were filed by several entities, including Channel 12 News, the Union of Journalists in Israel, the Movement for Quality Government in Israel, and the Israel Press Council.
At the heart of the decision was the court's finding that the government acted in a hurried manner without sufficient factual infrastructure, ignoring critical considerations regarding the candidates' suitability for regulatory roles. Regarding Dr. Ben-Hai Segev’s appointment, Chief Justice Amit ruled that Prime Minister Benjamin Netanyahu violated his conflict-of-interest agreement. This was due to his efforts to promote the appointment of a witness in his criminal trial to a senior public position, an action that raises significant concerns regarding public perception and the distinction between personal matters and the public interest. The court rejected the government's attempt to retroactively validate the move through a re-vote without the Prime Minister's presence, noting that this was done without independent discussion or new legal foundation. Additionally, the court criticized Dr. Ben-Hai Segev's performance as a regulator while simultaneously managing a legal proceeding against a media outlet.
Regarding the appointments of Barashi and Shine, the court emphasized that the appointments committee failed to properly examine past public statements made against media outlets they were intended to oversee. It was determined that these remarks, even if protected under free speech, are highly relevant to assessing objectivity and suitability for a regulatory position. Furthermore, questions were raised regarding political affiliations that were not thoroughly investigated. In the ruling, Chief Justice Amit also criticized the conduct of Communications Minister Shlomo Karhi, describing it as part of a pattern of administrative paralysis as a policy. To avoid a regulatory vacuum, the court ordered the outgoing council to continue serving temporarily until proper appointment procedures are completed. Justice Stein dissented from the broad cancellation of future candidacies, but the overall decision stands, and the government was ordered to pay legal costs to the petitioners.