To illustrate, imagine a scenario in which a powerful person listens to a radio station, and identifies the content of the broadcast as matching the positions of the opposing political camp, and this arouses his anger. Thus Happens Once again. For the third time, the man in power hits the table in anger, and Gomer says to make sure that the program that he is angry with will no longer be broadcast. This, whether by way of firing the broadcasterN, whether by canceling the program or by closing the broadcasting station. Says and does, And for this a petition is filed with this court. In these circumstances, I believe, this court (and an authorized court in any free and democratic country) can only intervene.
Hence I have dealt with the petitions in this case.
- The Result
- On the basis of the reasons detailed above, I would suggest to my colleagues that we accept the petitions and turn the order nisi that was given by us into an absolute order.
Yechiel KasherJudge
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Judge Alex Stein:
- During the hearing of the petitions, I asked the petitioners under what conditions it would be possible, according to them, to close down the radio station "Galei Tzahal"; And this was the answer I received:
This requires clarifying the factual basis by collecting data and independently examining it by the authorities responsible for making the decision and providing advice on the matter. Completion of data and documents, if they are missing; examining ways to preserve the station's assets and reputation; Ordering expert opinions in the field of broadcast media, which will relate to changes in the media market and current affairs broadcasts in the event of the closure of the station; Hearing all concerned, and in particular those who may be harmed by the Authority's decision to close the station, and their participation in making the decision; hearing the general public; granting a broad right to review the material collected by the decision makers and the advisory body prior to the aforementioned hearing; providing advance notice and a minimum preparation period to the plaintiffs before the hearing; Hearing the arguments of those concerned and the arguments of the general public with an open heart and a willing soul; Receiving the opinion of the Attorney General; Adapting the decision of the decision-making authority and the recommendationof the advisory body to what is stated in the advisor's opinion; regulating the rights of workers who may be harmed by the closure of the station; anchoring the decision to close the station in primary legislation, as befits preliminary arrangements; Subordinating the final decision to freedom of expression as a supra-legal constitutional right, and refraining from closing the station whenever its closure violates freedom of expression.