Attorney-General Gali Baharav-Miara told the High Court of Justice on Monday that the government’s appointments to the Second Authority Council should be canceled and returned for renewed review, arguing that the process was tainted by serious legal flaws.
The position was filed in response to petitions challenging the government’s March appointments to the council that regulates Israel’s commercial television and regional radio broadcasters, including Channels 12 and 13 and their news companies.
The appointments include Dr. Yifat Ben Hay-Segev as council chairwoman, attorney Kinneret Barashi, and Dr. Haim Shine as council members.
According to the Attorney-General, the government approved the appointments despite unresolved claims of conflicts of interest, bias against regulated media bodies, political affinity, and a lack of factual and legal groundwork.
The filing said significant information about some of the candidates was raised only after the appointments vetting committee had approved them. Therefore, the committee did not examine that information, and the government lacked the full factual and legal basis required when it voted.
Before the vote, Deputy Attorney-General Gil Limon warned the government secretary and Communications Minister Shlomo Karhi that the review had not been completed and that no full legal opinion had been finalized. Despite this, Prime Minister Benjamin Netanyahu brought the matter before the government, which approved the appointments on March 24.
Baharav-Miara said there was no urgency to do so because, under the Second Authority Law, the outgoing council continues to serve until a new one takes office.
Netanyahu involved despite being barred
The filing also argued that Netanyahu was barred from involvement in the matter because Ben Hay-Segev was a witness in his criminal trial. Netanyahu nevertheless placed the appointments on the government agenda, participated in the discussion, and voted on the package that included her appointment, the attorney-general said.
The government later held a second vote on March 31 to reaffirm the appointments, but Baharav-Miara said there was doubt whether that vote cured the flaw. She also pointed to the new council’s conduct after the petitions were filed. According to the filing, Ben Hay-Segev appointed an acting director for the Second Authority on April 30 without the usual preliminary legal review, including a conflict-of-interest check.
The authority’s legal adviser asked her to wait, but she allowed the appointee to participate in a council meeting where sensitive information about regulated bodies was discussed.
The attorney-general said this showed an attempt to create facts on the ground and strengthened the need to freeze the council’s activity.
Justice Alex Stein issued a temporary order on Sunday barring the new council from convening or making decisions until further notice. He also ordered the petitions transferred to a three-justice panel to be heard as soon as possible. As of Tuesday, no date had been set.
Baharav-Miara is asking the court to freeze the March 24 appointment decision and the March 31 reaffirming decision until the petitions are decided. If granted, the outgoing council would continue serving in the meantime.
Source:
www.jpost.com
