The Knesset plenum passed for its first reading late Monday night a highly controversial bill proposing to implement sweeping reforms in Israel’s broadcasting sector. The bill is led by Communications Minister Shlomo Karhi (Likud) and passed the first reading by a margin of 54-47.
One of the main elements of the reform includes establishing a new single regulatory authority to replace the Council for Cable and Satellite Broadcasting and the Second Authority for Television and Radio. This new authority would regulate the supply of audiovisual content uniformly across all broadcasting platforms in Israel.
An additional aspect of the bill’s lengthy reform states that registered content providers would be required to distribute the content of the Israeli Public Broadcasting Corporation and the Knesset Channel.
The greatest concern arising from the proposal is the privatization of news corporations into the hands of very few intersecting, private individuals, which would significantly minimize the diversity of the market, which is already compact.
Broadcast law is 'a danger to free press'
Attorney-General Gali Baharav-Miara did not approve advancing the bill before it reached the plenum for first reading.
She stated in September that the bill poses a concrete danger to the free press in Israel and its ability to carry out its duty in a democratic society, adding that the proposal itself is lacking in fundamental qualities.
Deputy Attorney-General Avital Sompolinsky wrote in an opinion that “the independence and role of news organizations in a democratic society is decisive, critical, and pivotal.” She warned of “a concrete risk of influence and intervention of significant political and commercial factors” in the sphere of communications in general and in news organizations in particular. “
Prior to the vote, the Knesset Legal Advisor Sagit Afik sent out an uncommon document to MKs on Monday, warning that the bill had not received approval from the attorney-general.
While Afik stated that it was permitted to pass the bill for its first reading, her letter noted that the Knesset Legal Department needs to provide comprehensive positions regarding both the substance of the bill and the appropriateness of the legislative process during the preparations for its second and third readings.
The bill was reportedly able to receive backing from haredi (ultra-Orthodox) parties, allowing it to pass due to an agreement made to advance the religious courts arbitration bill initiated by haredi parties United Torah Judaism and Shas, N12 reported.
The religious courts arbitration bill passed its first reading just ahead of the broadcasting bill.
Last week, the Union of Journalists in Israel petitioned the High Court of Justice against advancing the reform bill.
According to the petition, the bill’s reform violates administrative law, ignores legal advice, and threatens the independence of the press. The petition demanded conditional and permanent injunctions against the advancement, as well as an urgent hearing on the matter.
The union stressed that it believes the bill threatens core democratic principles. Beyond endangering the freedom of the press, it said, the bill also undermines the independence of news agencies. When the bill passed its first reading, the reform’s initiator, Karhi, stated, “Despite opposition from tycoons and a tsunami of fake news, tonight’s winners are the consumers, who will enjoy more channels, more opinions, and lower costs.”
He also said that “After years of persistent struggle, and despite opposition from the attorney-general and those seeking to control the marketplace of ideas, power now shifts to the people. The law will bring a more competitive, diverse, and transparent market, free from bureaucratic interference in content or business models, giving a platform to all voices in Israeli society.”
Opposition MKs expressed much criticism regarding the reform. MK Gilad Kariv (The Democrats) said that the bill “is part of a clear trend by the government to fully take control of the media.”
“The fact that the bill also includes some necessary amendments does not hide the dangerous traps it contains. This is a law fit for Hungary and Russia, not for Israel,” he added.
Sarah Ben-Nun contributed to this report.