Supreme Court Overturns Government Decision to Close Galei Tzahal

The Supreme Court, sitting as the High Court of Justice (Bagatz), today (Thursday) unanimously overturned the government's decision to close the Galei Tzahal radio station. The judges determined that the decision was made based on an extraneous and improper consideration — the dissatisfaction of the decision-makers with the fact that the station's broadcasts, in their view, contradict their positions.

The ruling was given on petitions filed by the Movement for Quality Government in Israel, the Academy for a Democratic Israel, the Organization of Journalists in Israel, the Israel Press Council, and the Galei Tzahal employees' committee.

The panel included judges Dafna Barak-Erez, Alex Stein, and Yechiel Kasher. The ruling was written by Judge Kasher with the agreement of his two colleagues on the panel.

According to the summary of the ruling published by the court, the judges were factually convinced that the decision to close the station stemmed from the decision-makers' dissatisfaction with the broadcast content. It was further noted that after an order nisi was issued, the government did not act to prove otherwise.

The government is authorized to close — but not for this reason

Alongside the overturning of the decision, the High Court of Justice rejected the argument that closing Galei Tzahal requires primary legislation. The court determined that the government has the authority to make a decision regarding the station.

The three judges emphasized, each for their own reasons, that the ruling does not in principle rule out the possibility of closing Galei Tzahal. According to them, such a decision could stand if it were made lawfully and based on relevant considerations. The judges also clarified that they are not expressing an opinion regarding the content of the broadcasts on the station.

In the conclusion of his ruling, Judge Kasher addressed the reason for which the government's decision was overturned:

"It is impossible to accept that a person with governmental authority should decide that because a broadcaster's words are not to his liking, the broadcaster's 'microphone should be turned off'."

The judge added:

"A government that acts this way acts in a clearly undemocratic manner, since the cornerstone upon which every democratic government rests is the recognition that the government is not permitted to use its power to silence those whose opinions are not to its liking."

The court emphasized that the binding version is the full ruling.