Full Breakdown
High Court Nullifies Three Appointments to Israel’s Second Authority Council
9/8/2026, 11:50:45 PM
Core Decision and Immediate Impact
On a Tuesday hearing, the High Court of Justice ruled to cancel the appointments of Dr. Yifat Ben Hay-Segev (chairwoman), attorney Kinneret Barashi, and Dr. Haim Shine to the Second Authority Council. The justices found that Prime Minister Benjamin Netanyahu’s participation in the original appointment process violated his conflict-of-interest agreement, and that the appointments committee had not received sufficient information to evaluate Barashi’s and Shine’s prior public statements about broadcasters. The court ordered that the entire slate be returned to the committee for a fresh examination if Communications Minister Shlomo Karhi wishes to advance the candidates again.
Legal Reasoning and Official Responses
President Isaac Amit and Justice Ruth Ronnen explained that the conflict-of-interest rule is meant to prevent both actual interference and the appearance of a prime minister using public authority to benefit a witness in his criminal trial; the rule does not lapse when the witness finishes testifying. Justice Alex Stein dissented on extending the remedy to the remaining council members, arguing that no serious flaw was found in those appointments. The court also emphasized that Barashi’s and Shine’s hostile remarks toward media outlets did not automatically disqualify them, but the committee must now assess whether they can serve impartially.
Background on the Council and Appointment Process
The Second Authority Council regulates Israel’s commercial television and regional radio broadcasters, including Channels 12 and 13 and their news divisions. The government initially approved a 15-member slate on March 24. Five petitions were filed challenging the process, focusing on Ben Hay-Segev’s link to Netanyahu’s “Case 4000” trial and the lack of vetting for Barashi’s and Shine’s statements. After the court’s ruling, a second vote was held on March 31 without Netanyahu’s presence, but the court found the vote insufficient to cure the procedural defect.
Quantitative Summary
- Original slate: 15 members approved on March 24.
- Canceled appointments: 3 (Ben Hay-Segev, Barashi, Shine).
- Resignations: 2 members withdrew after the ruling.
- Remaining members: 10 of the original 15.
- Legal costs: the government was ordered to pay NIS 50,000, divided among the five petitioning groups.
- The committee’s prior approvals were valid for three months, a period that has now expired.
Next Steps for Reconstitution
Justice Amit and Justice Ronnen directed that the entire council slate be reconsidered by the appointments committee using current information. If Minister Karhi chooses to renominate any of the previously rejected candidates, legal advisers must first resolve the conflict-of-interest issue. The committee’s new recommendations would then require a fresh government vote. Until a lawfully installed council is confirmed, the outgoing Second Authority Council will continue to operate.
