As part of the pending petitions before the High Court of Justice against the Broadcast Law promoted by Communications Minister Shlomo Karhi and approved by the Knesset shortly before its dissolution, Attorney General Gali Baharav-Miara has filed a stern legal response. According to reporting by TheMarker, the Attorney General believes the law has far-reaching consequences that could severely undermine fundamental democratic principles and the structure of Israeli media.
In her professional opinion submitted to the High Court, Baharav-Miara noted that the likelihood of success for the petitions against the law is very high. Based on an analysis of the legislation's effects, the Attorney General emphasizes that the law is expected to have a significant and negative impact on freedom of expression and the freedom of the press in Israel. Furthermore, Baharav-Miara warns that the law violates the public's right to know, which is a cornerstone of a democratic society.
Given these arguments and the fear of irreversible damage to the communications market, the Attorney General recommends that the High Court of Justice issue an interim injunction to immediately halt the law's implementation and operation until a final ruling on the merits of the petitions. The law, which has sparked widespread public and legal controversy, was passed through an expedited legislative process just before the Knesset dissolved. It now sits at the center of a principled debate regarding the boundaries of the legislature's power in regulating broadcasting and media entities.
The Attorney General’s position serves as a significant element in the ongoing High Court proceedings, as it establishes a guideline casting doubt on the constitutionality and reasonableness of the legislation in its current form. For the general public and stakeholders in the media market, this position implies a real fear that regulatory actions based on the new law could lead to long-term harm to the independence of Israeli media and their ability to function.
Practically, the High Court's decision regarding the interim injunction recommended by the Attorney General could have an immediate effect on the progress of legislative efforts and the implementation of planned media reforms. If the Court accepts the State’s position, it is expected that structural measures intended to reshape the broadcasting market will be halted, providing the media sector time to prepare for a deeper legal and public discussion of these issues. This report reflects an inherent tension between the desire of elected officials to implement structural changes in the media market and the position of the Attorney General, who emphasizes the importance of preserving press freedom as a supreme public interest.