High Court of Justice 61683-12-25 The Movement for Quality Government in Israel v. The Government of Israel

High Court of Justice 61683-12-25
High Court of Justice 62344-12-25
High Court of Justice 62412-12-25
High Court of Justice 65304-12-25
High Court of Justice 69557-12-25

Judgment

Judge Yechiel Kasher:

The petitions before us are concerned with Government Decision No. 3661 of December 22,2025, entitled "Closure of the military broadcasting station 'Army Radio'", in which the Government of Israel decided to close the Army Radio station and stop its broadcasts until March 1,2026 at the latest (hereinafter, respectively: The government's decision or The decision to close the station andGalei Tzahal Station, The Station or Galatz).

Background

1. Army Radio is a military radio station that has been broadcasting nationwide since 1950. The inspiration for the establishment of the station came from the military broadcasting stations operated by the American and British armies during World War II, to which the Yishuv's volunteers were exposed in the service of the British Army.  Against this background, at the beginning of 1950, officers of the IDF's Education and Public Information Branch initiated the establishment of an independent military station that would be used to educate immigrants, teach Hebrew, and mobilize reserves in times of emergency.  The issue of the establishment of the station was brought up for discussion in the government at a special meeting held on September 7,1950, at which it was decided to approve the establishment of a broadcasting service for the IDF.  The station began broadcasting on September 24,1950 (for more information on the establishment of the station, see: Rafi Mann, "Document: Government Discussion on the Establishment of Army Radio in 1950, " contact 50,157 (2017)).

At the beginning of the station's existence, its broadcasts were relatively limited, but their scope was gradually expanded over the years, until today the station broadcasts nationwide, 24 hours a day, seven days a week, all year round (except Yom Kippur).  The station is the second most listened to current affairs station in Israel, and is listened to by close to a million Israelis every day.  In addition, in 1993, it began broadcasting, alongside the Galei Tzahal station, the "Galgalatz" station, which broadcasts mainly music and traffic updates.  In terms of manpower, the station currently employs 84 civilians who work in the IDF, 48 content personnel in the capacity of consultants, and six presenters in the status of external suppliers, along with 224 conscripts serving there.  The station is headed by the station commander, who is subordinate to the head of the personnel unit.  However, in journalistic-professional matters, in which he serves as editor-in-chief, the station commander is not subject to his commanders, in order to have professional and journalistic considerations in mind.

2. Over the years, there have been various calls to close the Galei Tzahal station or to transfer its operations to a different framework: as early as 1953, a committee headed by then-Defense Minister Pinchas Lavon examined the closure of the station, but the issue was not advanced. Later, in 1996, then-Prime Minister Benjamin Netanyahu appointed a government committee to examine the status of public broadcasting in Israel, headed by Prof.  Arnon Zuckerman (hereinafter: the Zuckerman Committee).  In 1997, the Zuckerman Committee presented its conclusions, in which it recommended that the station's activity be continued in its current format, but that it be integrated into public broadcasting; subordinate its broadcasts to a board of directors that will oversee its non-military content; and to determine that the appointment of the station commander will be made with the approval of the Minister of Defense.  The Zuckerman Committee also recommended that the station be fully funded by the Ministry of Defense, and suggested that its status be enshrined in law.

In 2000, the government established another committee to examine the status of public broadcasting, headed by Prof.  Haim Beresheet (hereinafter: Genesis Committee).  In contrast to its predecessor, the Genesis Committee recommended ending the separate operation of the Galei Tzahal station as a military station and merging it with the Kol Israel station and educational television, as part of a new public body, while preserving the station's character.