Attorney General Gali Baharav-Miara informed Israel's High Court of Justice on Tuesday that the order directing government ministries to cease all contact with Haaretz is unlawful.
Responding to petitions filed by the Haaretz Group and the Union of Journalists in Israel, the attorney general wrote that the directives must be rescinded. She added that even the Netanyahu government's "declarative" decision on the matter raises serious legal concerns.
The response further stated that the government's decision to halt advertising, and the instructions issued by ministry directors general to stop placing ads and cancel subscriptions, "do not exist in a vacuum."
Taken as a whole, she wrote, the picture points to "a series of governmental moves, in different contexts, aimed at curtailing criticism or broadcast content that does not find favor with the authorities."
Alongside the ban on Haaretz, Baharav-Miara cited the government's decision to close the Army Radio station and efforts to shutter the news division of Israel's public broadcaster Kan.
Army Radio station offices in Jaffa, earlier this month. Credit: Moti Milrod
"The common thread linking these actions," she added, "is the weakening of media outlets the government views as overly critical of its conduct."
The attorney general clarified that the decisions by ministry directors general "were made in a manner inconsistent with the law, including violations of procurement rules, the accountant general's directives and principles of administrative law."
She noted that the decision failed to consider that terminating subscriptions contradicts an existing contract in force until 2027. Baharav-Miara added that the "considerations underlying the instructions to refrain from advertising in the newspaper are unrelated to the nature of the contractual engagement, do not align with principles of efficiency and equality, and may infringe on freedom of expression."
Haaretz appealed to the High Court earlier this month against the cabinet decision taken last November to cease all government contact with the Haaretz Group, including government advertising and announcements.
The Haaretz building. Credit: Tomer Applebaum
The petition said the boycott was illegal and carried out unreasonably, abusing government power and violating the rules of natural justice, with the aim of silencing and weakening the press and a media outlet that dares to criticize the government's conduct.
Israel's government filed an affidavit in the High Court in response to the petition claiming that Haaretz works against the country and therefore the state was under no legal or public obligation to support it financially.
Signed by Cabinet Secretary Yossi Fuchs, the affidavit asserted that Haaretz "has expressed support for the enemy in time of war, harms the soldiers of the Israel Defense Forces and the war effort, calls for refusal [to serve in the army], accuses the IDF of genocide, defames the state, defames the Zionist enterprise as a whole, calls for the imposition of international sanctions against the state and its elected officials, supports the International Criminal Court in The Hague, and damages the image and standing of the State of Israel in the world."
The affidavit also said "the Haaretz newspaper and the articles it published in it, including in English, are used by many of those who hate Israel and antisemites on a daily basis."
Founded in 1919, Haaretz is Israel's oldest daily newspaper and one of its most influential media outlets. Known for its commitment to high-quality journalism, Haaretz has built a reputation for in-depth reporting, insightful analysis, and a liberal and progressive editorial stance on domestic issues and international affairs.
Our commitment to staunchly independent journalism has made us an essential source for those seeking a deeper understanding of the complexities of Israeli society, the Jewish world, the Palestinian territories and the broader Middle East.
In 1997, we launched an English-language edition to cater to growing international interest in Israel and the region.
Visit haareetz.com to sign up for digital subscriptions directly.
