Israel’s High Court of Justice on Tuesday annulled the appointments of three members of the Second Authority Council, the regulatory body overseeing Israel’s commercial television and regional radio broadcasters, including Channels 12 and 13. The court ruled that Prime Minister Benjamin Netanyahu had breached his conflict-of-interest obligations, and that the appointments committee had insufficient information to properly assess two of the candidates.

The unanimous decision rescinded the appointment of Yifat Ben-Hay-Segev as council chairwoman, along with those of attorney Kinneret Barashi and Haim Shine as members. Chief Justice Isaac Amit and Justice Ruth Ronnen further ordered that the entire slate of council nominees be resubmitted to the appointments committee for reconsideration, with Communications Minister Shlomo Karhi free to renominate candidates or propose new ones. Justice Alex Stein dissented on this broader measure, arguing only the three disputed appointments required annulment.

The court found that Netanyahu violated the terms of a conflict-of-interest arrangement established due to his ongoing criminal trial. Ben-Hay-Segev had served as a prosecution witness in Netanyahu’s Case 4000, yet the prime minister personally approved her appointment and participated in the initial cabinet discussion and vote, without consulting the Attorney-General’s Office as required. Although the court did not find an attempt to influence testimony or offer a reward, it held that Netanyahu’s involvement with a government matter involving a trial witness was improper. The government and Ben-Hay-Segev argued that the restriction no longer applied since she had completed her testimony in December 2022. However, the court ruled that the agreement aims to prevent the appearance of improper use of public power and does not expire automatically when testimony ends.

The government attempted to rectify the situation by holding a second vote on the appointments one week later, chaired by Justice Minister Yariv Levin, without Netanyahu present. The court rejected this as insufficient, finding the second vote merely reaffirmed the original decision and came too soon to qualify as a genuine reconsideration.

Regarding Barashi and Shine, who had publicly criticized journalists and broadcasters under the council’s jurisdiction, the court held that the appointments committee had neglected its duty to consider whether such statements could impair their ability to act impartially. The council’s powers include financial penalties and regulatory actions affecting broadcasters, so the committee’s failure to investigate these prior remarks was a significant oversight. The court stopped short of disqualifying Barashi and Shine outright, noting that political views or criticism alone are not disqualifying. The appointments committee must reassess their suitability and consider potential restrictions on their participation in matters involving entities they had publicly criticized.

Following the cancellation of these appointments — combined with the resignation of two other nominees — the government was left with only 10 of the 15 council members it had approved in March. Since the appointments committee had stated its approvals would expire after three months, Amit and Ronnen ruled the entire slate required renewed vetting to ensure the council functions as a balanced regulatory body. Stein opposed reopening the fully approved appointments.

Until a new council is lawfully installed, the existing Second Authority Council will remain in office. The government was also ordered to pay 50,000 shekels in legal fees to five petitioning groups. The court did not address ongoing claims that the government’s actions aimed to influence the proposed acquisition of Reshet, operator of Channel 13, nor did it rule on concerns about adequate representation in the council. These issues remain for the appointments committee to examine should the process be resumed.