Government tells court it has authority to shut down Army Radio

The government and Defense Minister Israel Katz defend their controversial decision to shutter IDF-run Army Radio in a preliminary response submitted to the High Court of Justice, arguing that “there has been no government, no defense minister, and no chief of staff” who did not at some point consider closing the station.

In the filing, the government describes Army Radio as an “anomaly” for its engagement in current affairs and political broadcasting from within a military unit and insists the decision to close it was made with “full legal authority.”

The response comes a week after Attorney General Gali Baharav-Miara warned that the move is part of a years-long effort by Prime Minister Benjamin Netanyahu’s government to “restrict the free press” and “exert pressure” over it.

Baharav-Miara argued that shutting down the public broadcaster requires legislation rather than a cabinet decision, and said the High Court should therefore annul the move.

The government counters that Baharav-Miara’s statement omitted the fact that previous legal authorities supported closing the station through an executive decision, citing, among others, former attorney general Avichai Mandelblit, who in 2022 concluded that the move falls under government authority.

Mandelblit, however, also said at the time that passing a Knesset bill would be preferable to relying solely on a cabinet vote.

The response further claims that when Army Radio was launched in 1950 under then-prime minister David Ben-Gurion, the original government decision “did not include within the established station broadcasts of current affairs or news,” but rather programming intended to serve military and social goals, including education and morale.

It adds that the station was initially meant to operate only for a one-year trial period, after which the government was supposed to reassess its framework – a review the document says never took place.

In late December, the High Court issued an interim injunction freezing the cabinet decision to close Army Radio until it delivers a final ruling on petitions challenging the move.