The High Court of Justice (HJC) today rejected the Telecommunications Law amendment making the Arutz 7 radio station legal. The HJC ruled that the amendment violated freedom of occupation and was therefore null and void.
The ruling was written by Judge Theodor Or, with the concurrence of judges Aharon Barak, Shlomo Levin, Mishael Cheshin, Tova Strasberg-Cohen, Dalia Dorner, Dorit Beinish, Itzhak Englard and Eliezer Rivlin. The HJC was petitioned by MK Haim Oron (Meretz), MK Eitan Cable (Labor), MK Avraham Poraz (Shinui) and regional radio stations.
In February 1997, the Knesset approved an amendment to the Telecommunications Law that legalized Arutz 7. The relevant clause said that whoever set up or operated a public radio station in Israel for five consecutive years before January 1999 and continued operating it after the said date would be considered as having been granted a license under the Telecommunications Law.
Or ruled that the amendment effectively granted a license for operating a radio station without a tender. All the petitions filed with the court challenged the legality of such a consequence. At the beginning of his analysis of the implications of the amendment, Or said it violated the freedom of occupation and did not come within the exemptions allowed for by the basic law.
Needless to say, Or says, that granting a license and a concession to radio stations operating without a license is improper. It offers a prize to offenders, thereby gravely undermining the rule of law, in addition to undermining the freedom of occupation of potential competitors, without advancing any social objective.
Published by Israel's Business Arena on 26 March, 2002