Latest News

The Supreme Court's decision to dismiss the challenge by the Netanyahu government has reignited a judicial dispute

The government of Benjamin Netanyahu has threatened to 'fight' a Supreme Court decision regarding a media regulator. This is a return to a judicial dispute which shook Israel in the months before Hamas' attack on October 7, 2023.

This decision is made ahead of the national elections expected to be held by late October.

What did the government say?

In a Sunday statement, the government stated that the Supreme Court's ruling of June 17, regarding the composition and membership of the Second Authority for Television and Radio, was an example of judicial overreach.

Justice Minister Yariv Karhi and Communications Minister Shlomo Karti said that such a decision will not be respect. Levin was the leader of the 2023 government push to limit the Supreme Court's powers, which caused mass protests and was halted after Hamas attacked. In recent months, however, Netanyahu's nationalist-religious coalition has revived some parts of the judicial overhaul plan.

What does the declaration mean?

Critics argue that the declaration has a broader significance because it undermines democracy and the rule of law in the state. The critics say that the declaration could also plunge Israel into chaos, and even a constitutional crisis, by pitting Israel's executive against its judiciary.

Dina Zilber said that "apparently nothing really happened but in essence something very dramatic happened," Israel's former assistant attorney general. Zilber claimed that the government had used its formal executive powers for the first-time to ignore a court's order. This was "a severe blow to rule of law and separation of powers." Analysts have pointed out that Netanyahu's coalition has been pushing to regulate the market for media and to clamp down on public radio. The 'government' objected so strongly to the court ruling because they wanted more control over the media and communication markets in Israel, said Tehilla Altshuler, a media and technology expert at the Israel Democracy Institute.

What is the political context?

Israel will hold elections in late October, though the exact date is yet to be determined. Opinion polls show that Netanyahu's right wing coalition is likely to lose the election. Netanyahu's Likud is expected to conduct primaries before the election. Ministers who are vying for the top position may try to score points with their voters by highlighting actions against the judiciary or media. Netanyahu's coalition has often portrayed both as left-wing, elitist institutions.

WHAT HAS NETANYAHU SAY?

Netanyahu has not yet publicly spoken about the government's declaration.

Yossi Fuchts, his Cabinet Secretary, 'downplayed' the rhetoric of Levin and Karhi. He said that the government's statement did not call for the disobedience of the court's ruling but instead a sharp criticism?of the court.

Netanyahu is very concerned about the media and judiciary because he's on trial for corruption charges. He denies them. Two of the criminal cases concern alleged regulatory favors given to media moguls.

Netanyahu has portrayed his trial as a left-wing witch hunt meant to topple a democratically-elected right-wing leader.

WHAT HAS BEEN THE REACTION? The critics claim that the government is attempting to divert attention away from the security failures of the October 7, 2001 attack, and the heavy burden that more than two decades of war in Gaza, Lebanon, and Iran have placed on Israelis. Isaac Herzog, Yair Lapid, and Gali Baharav Miara, the Attorney General of Israel, have all condemned the declaration made on Sunday. They warned that it undermined democracy and the rule-of-law. Lapid claimed that the government is trying to weaken courts in advance of the elections. Maayan, Emily Rose, and Dedi Haiun contributed to the reporting; Maayan, Emily Rose wrote the article; Sharon Singleton edited it.

(source: Reuters)