As the High Court of Justice prepares to hear petitions challenging the government’s decision to shutter Army Radio on Wednesday, the state argued on Monday that the move was lawful, properly authorized, and rooted in decades-long concerns about the broadcaster’s place within the IDF.
In its filing on behalf of the government and Defense Minister Israel Katz, the state said the decision to close Army Radio was made “with complete legal authority,” based on a “solid legal foundation,” and with the close involvement of legal advisers to the defense establishment.
Army Radio was established by a government decision, the state noted, and its closure was likewise approved through a formal cabinet resolution following a proper administrative process.
The government framed Army Radio as an institutional anomaly: a military unit engaged in civilian journalism, including coverage of current affairs and politics.
According to the filing, this reality repeatedly drags the IDF – an apolitical body – “against its will” into political and social disputes.
There has effectively never been a government, defense minister, or IDF chief of staff who did not consider closing Army Radio for this reason, the state argued. It cited the IDF’s official position, submitted to the court, that from a values standpoint, the army should maintain “zero – not minimal, zero – friction with politics.”
Responding to claims raised by Attorney-General Gali Baharav-Miara, the state said her objection ignored a consistent line of legal opinions spanning decades.
Army Radio case: State claims shutdown fully lawful
Per the submission, former attorneys-general, military advocates-general, and legal advisers to the Defense Ministry all concluded that Army Radio, like any other military unit, is subject to the authority of the government and the chief of staff.
“The normative legal framework has not changed,” the state wrote. “The government has.”
Under the rule of law, the dossier stressed, administrative law does not shift simply because governments change. It rejected claims that the decision reflects improper considerations tied to the current coalition.
The response comes ahead of a High Court hearing scheduled for Wednesday, after the court issued an interim order freezing the government’s December 22 decision to close the station.
That decision, approved unanimously by the cabinet after months of pressure from Katz, immediately halted recruitment to Army Radio, initiated the reassignment of serving soldiers, and set in motion severance arrangements for civilian employees.
The move drew swift criticism from Baharav-Miara, who warned it could amount to an unlawful effort to undermine public broadcasting and freedom of expression.
Journalists’ unions, media organizations, and civil society groups also denounced the decision, arguing that Army Radio has become a central pillar of Israel’s media landscape and that its closure, at this political moment, raises serious concerns.
Two days after the cabinet vote, an organization representing Army Radio employees petitioned the High Court, arguing that the decision was procedurally flawed and tainted by improper considerations. In a separate filing, Katz accused the petitioners of misleading the court through affidavits he said contained false claims.
At issue for the court is whether the government’s authority over the military extends to dismantling a broadcaster that, while formally part of the IDF, has long functioned as a major civilian news outlet – and whether the decision can withstand judicial scrutiny in light of constitutional protections for press freedom.
Yonah Jeremy Bob contributed to this report.