Communications Minister Shlomo Karhi defended the government’s decision not to honor a High Court of Justice ruling on the Second Authority for Television and Radio, saying Sunday that the cabinet was obligated to follow the law rather than what he described as an illegal court decision.
“I have been saying this for years: In illegal decisions, one must obey the law and not the High Court,” Karhi told ynet, referring to the government announcement he spearheaded. “What they did set off a red light for me and made me understand that High Court justices are ignoring the law. I realized this was an opportunity for the government to stand up to them as well.”
The Second Authority is the public body that regulates Israel’s commercial television and radio broadcasters. The High Court recently froze the government’s decision to appoint a new council to the authority and ordered that the outgoing council continue to serve until a final ruling on petitions against the appointments. The government responded by declaring that it would not recognize decisions or actions taken by that council, arguing that the court ruling contradicted the law. The move triggered fierce criticism from the legal system and opposition, with President Isaac Herzog warning that failure to comply with a court ruling is a “red line” that must not be crossed.
Karhi showed no regret and placed responsibility for the crisis on the High Court. “The moment they ignored the law, they thought this was not a central enough issue and that the government would not stand up to them, even though they know they are making a mistake,” he said. “This is not a high-profile issue like the head of the Shin Bet or the head of the Mossad, and they took advantage of that to issue a position that contradicts the law.”
Karhi said the law governing the Second Authority is clear. “It says the council’s existence depends on at least two-thirds of its members serving. Two-thirds out of 15 members,” he said. “But here the High Court came along and, even though the council has only seven members, less than two-thirds, it sees it as a council that exists.” Some members of the Second Authority council resigned earlier, according to reports, under pressure from Karhi, in a move aimed at paralyzing the activity of the outgoing council and clearing the way for the new council appointed by the government.
Asked about the consequences of the government’s decision for the Israeli public, Karhi said the move was meant to clarify the situation for officials and professional bodies. “People always ask, in a collision, whom will the officials listen to, the High Court or the government?” he said. “What we did was reflect to the public and to professional officials that an illegal action had been taken, that it will soon be canceled, and that they should not rely on it when making decisive decisions.”
President Isaac Herzog
(Photo: Alex Kolomoisky)
Karhi rejected criticism from the opposition and from Herzog, who said the move crossed a democratic red line. “I expect nothing from Lapid and people like him,” Karhi said, referring to opposition leader Yair Lapid. “They are willing for there to be anarchy here, as long as they bring down the Netanyahu government.” He quoted former prime minister Yitzhak Rabin as saying, “I am not worried about the High Court justices. They will judge according to the laws we legislate.”
“President Herzog is now changing his skin, when all the government is saying is that the High Court must work according to the law,” Karhi said. “We are not ignoring the law. What will the citizen say when the High Court itself does not act according to the law and does whatever it wants? What is the president’s answer to the fact that the High Court is behaving however it sees fit regarding an explicit law?”
Karhi said all branches of government are subject to the law. “When I hear people who are supposed to have spirit and an understanding of the basic principles of democracy, they should know that everyone is subject to the law: the court, the government, the Knesset,” he said. “The court is creating anarchy. Say something about that, Mr. President.”