High Court hears petitions against government’s decision to close Army Radio

The High Court of Justice has tough questions for petitioners against the government’s decision to shutter Army Radio during a hearing this morning, over claims that the move requires legislation and that the government does not have the authority to close the station.

Uri Hess, an attorney for the Movement for Quality Government in Israel asserts that legislation addressing the status of Army Radio as a public broadcaster regarding its financing and broadcast frequency means that the station’s status is anchored in legislation, and therefore needs legislation to shut it down.

But Justice Daphne Barak Erez points out that Army Radio itself was established by the Defense Ministry as a department of the military, and that it is therefore entitled to close that department without legislation.

Hess argues further that the decision by Defense Minister Israel Katz was flawed by a series of procedural problems relating to how the advisory committee was established and the manner in which it recommended closing the station.

Justice Alex Stein asserts, however, that there is no law even requiring the establishment of a committee.

“My problem is that there is no support in law for what you are saying; these are very general claims. Where is there a requirement to establish a committee to close Army Radio, given the authority of the Defense Ministry?” asks Stein.

Hess counters by insisting that all government decisions are subject to the standards of administrative law, which includes a stipulation that there be a “factual basis” for a decision.

“Otherwise we’re talking about an arbitrary decision,” argues Hess.

In December last year, the cabinet unanimously approved Katz’s controversial proposal to shut down Army Radio by March 1, 2026.

Following petitions against the move, the High Court froze implementation of the decision. The attorney general has also opposed the closure of Army Radio, arguing there were procedural and substantive flaws in the government’s decision-making process to close the station, of which the cabinet was informed ahead of time.