Attorney General Gali Baharav-Miara has recently submitted a dramatic request to the High Court of Justice to issue a permanent interim order against the media law initiated by Communications Minister Shlomo Karhi, which was approved by the Knesset last July. The legal move follows a temporary order issued by the High Court two days after the law's approval, which froze its entry into force. The Attorney General now seeks to make this freeze permanent to prevent the law's application before the substantive issues at the core of the petition are resolved.
At the heart of the filing lies sharp criticism of the legislative process in the Knesset. According to the Attorney General, the law is tainted by a "radical accumulation of substantive flaws" and was drafted using questionable methods. Among other things, it was noted that in the final stages of the discussions, a significant change was inserted into the definition of a "minor licensee," without prior factual basis and without any mention in the original government bill. Changing the revenue threshold to 2 billion shekels resulted in almost all existing licensees under the Second Authority Law being defined as minor licensees, which fundamentally alters the regulatory framework applicable to them.
According to the Attorney General's position, the consequences of the law could be far-reaching. The abolition of the requirement to operate a separate news company means a direct blow to the mechanisms intended to ensure the professional independence and reliability of television news broadcasts. The petition alleges that this is a change to the central arrangement protecting an independent press, and that the law waives the obligation for news reporting without creating a proper alternative mechanism. Baharav-Miara's position maintains that implementing the law in its current format will lead to severe and irreversible damage to the free media market in Israel.
Legally, the petition emphasizes the importance of proper legislative procedure and the need for structured arrangements that ensure freedom of the press. The Communications Minister, conversely, presented a worldview in the law that promotes deregulation and opening the news market to competition without strict government oversight. Now, the High Court’s ruling on the matter is pending, as the requested order is intended to maintain the status quo and prevent structural changes in the media market that could affect central broadcasts and commercial media in Israel. The court hearing is expected to focus both on the question of the legislative process and on the constitutionality and reasonableness of the law, given the purposes intended to protect the quality of broadcasts. Until a decision is reached, the media law remains frozen under court orders, and the market awaits instructions that will determine the future of industry regulation.