Clash with Second Authority Council is serious but not constitutional crisis - explainer

A significant dispute over media regulation in Israel has intensified, with the cabinet declaring it will not recognize actions taken by the outgoing council of the Second Authority, the body overseeing the country's commercial television and radio broadcasters. This move escalates a disagreement over appointments into a broader clash with the High Court of Justice regarding legal authority.

The core of the conflict involves two competing councils for the Second Authority. A new council was appointed by the government in March, but the High Court has allowed the outgoing council to continue its operations while it adjudicates challenges to these appointments. The authority's council holds responsibility for crucial regulatory decisions, including the potential approval of the pending sale of Reshet 13.

Media organizations and public-interest groups petitioned the High Court, arguing the government's appointments were politically motivated. The court subsequently froze the new council's activities and kept the outgoing council in place. However, several members of the outgoing council resigned, raising questions about its quorum. In a June 17 interim order, the High Court ruled that departing members would not be counted towards the minimum required number to function, enabling the council to continue making substantive decisions.

In response, the cabinet, acting on proposals from Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, stated it would not acknowledge decisions or actions from a council it deems to lack statutory membership. Karhi asserted that the two-thirds membership requirement is a legal condition, not a suggestion. Government Secretary Yossi Fuchs attempted to clarify that the cabinet's decision reflects its legal position and intent to challenge the ruling through legal avenues, rather than a direct defiance of the court.