Gush Shalom filed an appeal to the Supreme Court in Jerusalem, via advocates Gaby Lasky and Neri Ramati, asking for the law to be enforced towards the settler-run "regional radio station" known as "Galey Israel" ("Israel Waves"), limit its broadcasts to their concession area, namely the West Bank, and cut off their illegal broadcasts to Metropolitan Tel Aviv and other parts of Israel.

"Israel Waves" got a franchise to operate a radio station aimed solely at "The Jewish residents of Judea and Samaria", i.e. the settlers However, unlike other regional radio stations, which operate in various regions of Israel proper and are strictly limited to that specific region, "Israel Waves" was assigned two additional radio frequencies, for broadcasting in Metropolitan Tel Aviv and southern Israel. This was done in contravention to the terms of the franchise and without legal authority. The station's broadcasts are easily received in Tel Aviv and its environs, as was proven in a survey commissioned by Gush Shalom and carried out by an independent company. Despite being adressed on the subject on multiple occasions, neither the Minister of Communications nor the Second Broacasing Authority (which is the statutory regulating agency) did anything to change the situation, and they refrained from enforcing the law or the regulations set by the Ministry of Communications itself.

The appeal argues that due to shortage of FM frequencies, allocation of frequencies within the State of Israel to the settlers violates the principles of equality and of free competition. "Allowing [the settlers] to broadcast into Israeli territory also constitutes a clear violation of the franchise given to other radio broadcasts, who must contend with a new competitor in their allocated franchise areas – this new competitor being introduced without the existing franchise holders being notified in advance nor being financially compensated by reducing their franchise fee."

The appeal also argued that granting frequencies to settlers within Israel's own territory is a blurring of boundaries between the sovereign State of Israel and the Occupied Territories held under military rule. This follows upon an earlier regulatory muddle created when - following a previous Supreme Court appeal filed by Gush Shalom - it turned out that the Second Broadcasting Authority, drawing its authority from Knesset law, has no legal power to grant radio frequencies beyond the Green Line (Israel's pre-'67 border). To bypass this legal limitation, a special "Judea and Samaria Second Broadcasting Authority" was established, drawing its power from the military government. "The military governor's authority is limited to the Occupied Territories, where legally he is the sovereign ruler, and he definitely cannot assign radio frequencies within Israel".

Therefore, Gush Shalom asks the court to "put an end to the attempt to lay the ground for a countrywide radio station with a clear political and ideological agenda, without a public debate on the taking of such a step and without an explicit authorization by the legislature. Rather, it was done by backhand means, while blatantly ignoring and trampling the law."

Gush Shalom spokesperson Adam Keller said: “Just like the ‘Migron affair’ put facts on the ground, this time facts are being put on the air. The settlers and their supporters gained a nationwide political-ideological radio station, with which to intensively broadcast their propaganda, without any regard for free competition and without providing an equal opportunity to the Peace Camp, which is denied access to the airwaves. In itself, the creation of political and ideological radio stations could be legitimate and even desirable - but only when enacted on a level playing field, under clear legal, public and transparent terms providing an equal opportunity to all political and social groupings. If the government wants it, let them issue tenders for political and ideological radio stations, to which everybody could apply: the operators of "Israel Waves", of "All for Peace" (a left-oriented station closed down by the government), and anyone else who can and wants to start such broadcasts."

Contact: Adam Keller, Gush Shalom spokesperson +972-(0)45-2340749, Adv. Gaby Lasky +972-(0)54-4418988