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High Court signals petitions against Karhi broadcasting reform may be premature

From Jerusalem Post · () English

Summarized and contextualized by DistantNews.

At a glance

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  • The High Court of Justice heard petitions challenging Communications Minister Shlomo Karhi's broadcasting reform, questioning if the challenges were premature before the bill becomes law.
  • Justices focused on the timing of intervention, with Chief Justice Amit noting the bill could still pass or fail and questioning the court's role in ongoing legislative processes.
  • The court suggested that procedural claims could be addressed if the bill passes, with a final decision on the petitions likely to come after the legislative process concludes.

The High Court of Justice appeared hesitant on Monday to halt Communications Minister Shlomo Karhi's broadcasting reform, with judges repeatedly questioning whether legal challenges were premature. The court, including Chief Justice Isaac Amit and Justices Alex Stein and Yechiel Kasher, heard three petitions from Hatzlaha, the Union of Journalists in Israel, and the Israel Press Council. These groups alleged significant flaws in the bill's advancement.

The court is a passive body, not an active one. It does not enter in the middle of political processes.

— Justice Alex SteinJustice Stein questioned the court's role in intervening in ongoing legislative processes, emphasizing its passive nature.

Justices heavily focused on the timing of intervention, with Chief Justice Amit questioning why the court should rule while the bill's passage remained uncertain. Justice Stein emphasized the court's passive role, stating it does not typically intervene in the middle of political processes to avoid undermining the separation of powers. He suggested that any procedural issues could be addressed after the bill becomes law.

Justice Kasher echoed concerns about the timing, noting that stopping a legislative process in the Knesset, especially so close to a vote, was an exceptional step. While the petitions were filed months ago, the court seemed to weigh the immediate proximity to the final vote. A representative for the Knesset argued that issuing an interim order now would effectively be a final ruling due to the upcoming parliamentary recess.

You are asking us to stop a legislative process in the Knesset, something that has never been done.

— Justice Yechiel KasherJustice Kasher highlighted the exceptional nature of the petitioners' request to halt the legislative process.

At the hearing's conclusion, Chief Justice Amit indicated that if the bill passes, further petitions challenging its substance and the legislative process would likely emerge. Justice Kasher also advised the minister's attorney that procedural claims would not disappear, even if the legislation proceeds. The court's reluctance to intervene early suggests a deference to the legislative branch's process.

The procedural claims, he said, would not disappear.

— Chief Justice Isaac AmitChief Justice Amit suggested that issues with the legislative process could still be addressed if the bill becomes law.
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Originally published by Jerusalem Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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