Broadcasting Distribution by means of Digital Broadcast Stations Law, 5772-2012
חוק הפצת שידורים באמצעות תחנות שידור ספרתיות, תשע"ב-2012
Published: 2012-04-01Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Section B: Administrative Warning
Administrative Warning§
13y.
(a)Where the Supervisor has reasonable grounds to believe that a person has violated a provision of the provisions under this Law, as referred to in sections 13s to 13o, and circumstances prescribed by the Supervisor in procedures, with the approval of the Attorney General, have been met, the Supervisor may, instead of delivering to that person a notice of intent to charge and imposing a financial penalty upon that person pursuant to the provisions of Section A, deliver to that person an administrative warning in accordance with the provisions of this Section; in this subsection, "Attorney General" includes a Deputy Attorney General authorised by the Attorney General for this purpose.
(b)In an administrative warning, the Supervisor shall specify what act constitutes the violation, shall notify the Violator that the Violator must cease the violation and that if the Violator continues the violation or repeats it, that person shall be liable to a financial penalty in respect of a continuing violation or a repeated violation, as the case may be, as referred to in section 13aa, and shall also specify the Violator's right to request the cancellation of the warning in accordance with the provisions of section 13z.
(c)Procedures pursuant to subsection (a) shall be published on the website of the Ministry of Communications.
Request for Cancellation of an Administrative Warning§
13z.
(a)Where an administrative warning has been delivered to a Violator as referred to in section 13y, that person may apply to the Supervisor in writing, within 45 days, requesting the cancellation of the warning on any of the following grounds:
(1)the Violator did not commit the violation;
(2)the act committed by the Violator, as detailed in the warning, does not constitute a violation.
(b)Where the Supervisor has received a request for the cancellation of an administrative warning pursuant to the provisions of subsection (a), the Supervisor may cancel the warning or reject the request and leave the warning in force; the Supervisor's decision shall be given in writing and shall be delivered to the Violator together with reasons.
Continuing Violation and Repeated Violation after a Warning§
13aa.
(a)Where an administrative warning has been delivered to a Violator pursuant to the provisions of this Section and the Violator has continued to violate the provision in respect of which the warning was delivered, the Supervisor shall deliver to that person a payment demand in respect of a continuing violation as referred to in section 13s(a); a Violator to whom a payment demand has been delivered as aforesaid may present arguments before the Supervisor in respect of the continuation of the violation and the amount of the financial penalty, and the provisions of sections 13q and 13r shall apply, with the necessary modifications.
(b)Where an administrative warning has been delivered to a Violator pursuant to the provisions of this Section and the Violator has again violated the provision in respect of which the warning was delivered, within two years of the date of delivery of the warning, the additional violation as aforesaid shall be regarded as a repeated violation for the purposes of section 13s(b), and the Supervisor shall deliver to the Violator a notice of intent to charge pursuant to the provisions of section 13p in respect of the repeated violation.
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Contact Us →Section C: Undertaking to Refrain from Violation
Notice of the Possibility of Submitting an Undertaking and Bond§
13ab.
(a)Where the Supervisor has reasonable grounds to believe that a person has violated a provision of the provisions under this Law, as referred to in sections 13k to 13o, and circumstances prescribed by the Supervisor in procedures, with the approval of the Attorney General, have been met, the Supervisor may deliver to the Violator, instead of a notice of intent to charge, a notice that that person has the option of submitting to the Supervisor a written undertaking and bond in accordance with the provisions of this Section, instead of having a financial penalty imposed upon that person pursuant to the provisions of Section A; in this subsection, "Attorney General" includes a Deputy Attorney General authorised by the Attorney General for this purpose.
(b)Procedures pursuant to subsection (a) shall be published on the website of the Ministry of Communications.
Conditions of the Undertaking and Amount of the Bond§
13ac.
(a)In the letter of undertaking, the violator shall undertake to cease the violation of the provision as referred to in section 13ab(a) and to refrain from a further violation of that provision, within a period to be determined by the Commissioner, commencing on the day of delivery of the notice referred to in that section, provided that the said period shall not exceed two years (in this Section – the undertaking period).
(b)The Commissioner may prescribe in the letter of undertaking additional conditions that the violator must undertake to fulfil and comply with during the undertaking period, with the aim of reducing the harm caused by the violation or preventing its recurrence.
(c)In addition to the letter of undertaking, the violator shall deposit with the Commissioner a bond in the amount of the financial penalty that the Commissioner was entitled to impose on the violator in respect of that violation, having regard to the existence of cases, circumstances and considerations determined pursuant to section 13t(b) or (c).
Consequences of Submission or Non-Submission of a Letter of Undertaking and Bond§
13ad.
If the violator submits to the Commissioner a letter of undertaking and bond pursuant to this Section within 45 days from the day of delivery of the notice referred to in section 13ab(a), no financial penalty shall be imposed on the violator in respect of that violation; if the violator does not submit to the Commissioner a letter of undertaking and bond within the said period, the Commissioner shall serve on the violator a notice of intention to charge in respect of that violation, pursuant to section 13p.
Breach of Undertaking§
13ae.
(a)If the violator submitted a letter of undertaking and bond pursuant to this Section and breached a condition of the undertaking, as set out in the following paragraphs, the provisions set out in those paragraphs shall apply, as the case may be:
(1)If the violator continued, during the undertaking period, to violate the provision in respect of whose violation the violator gave the letter of undertaking – the Commissioner shall forfeit the bond and shall serve on the violator a payment demand in respect of the continuing violation as referred to in section 13s(a);
(2)If the violator repeated, during the undertaking period, the violation of the provision in respect of whose violation the violator gave the letter of undertaking – the additional violation as referred to shall be regarded as a repeat violation for the purposes of section 13s(b), and the following provisions shall apply:
(a)The Commissioner shall serve on the violator a notice of intention to charge in respect of the repeat violation;
(b)If the Commissioner sent a payment demand in respect of the repeat violation pursuant to the provisions of section 13r(b)(1) or if the violator did not present arguments to the Commissioner regarding that violation as referred to in section 13r(d), the Commissioner shall forfeit the bond in addition to imposing the financial penalty in respect of the repeat violation;
(3)If the violator breached a condition of the additional conditions prescribed in the letter of undertaking as referred to in section 13ac(b) – the Commissioner shall notify the violator of the Commissioner's intention to forfeit the bond within 45 days, after affording the violator an opportunity to present arguments, in writing or orally, as the Commissioner shall direct in that regard.
(b)For the purposes of this Chapter, the forfeiture of the bond pursuant to the provisions of this section shall be regarded as the imposition of a financial penalty on the violator in respect of the violation for which the bond was given.
(c)If a condition of the undertaking was breached as referred to in this section, and the violator violated again the provision in respect of whose violation the violator gave the letter of undertaking, the Commissioner shall not permit the violator to submit a further letter of undertaking pursuant to the provisions of this Section in respect of that violation.
Return of the Bond§
13af.
If the violator complied with the conditions of the letter of undertaking submitted pursuant to this Section, the bond deposited shall be returned to the violator upon the expiry of the undertaking period, together with shekel interest from the day of its deposit until the day of its return, and the provisions of the Interest and Linkage Law shall apply in respect of that interest, with the necessary modifications.
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Contact Us →Section D: Miscellaneous Provisions
Financial Penalty for a Violation under This Law and under Another Law§
13ag.
In respect of a single act that constitutes a violation of a provision among the provisions under this Law listed in sections 13k to 13o and of a provision among the provisions under another law, no more than one financial penalty shall be imposed.
Stay of Execution and Refund§
13ah.
(a)The filing of a petition to the Administrative Affairs Court against a decision of the Commissioner under this Chapter shall not operate to stay the execution of the decision, unless the Commissioner agreed thereto or the court so ordered.
(b)If the court decided, after the financial penalty was paid or the bond was deposited, to grant a petition as referred to in subsection (a) or an appeal against a decision on such a petition and ordered the return of the amount of the financial penalty paid, or the reduction of the financial penalty, or the return of the bond, the amount paid or any part thereof that was reduced, or the bond, as the case may be, shall be returned, together with shekel interest from the day of its payment until the day of its return, and the provisions of the Interest and Linkage Law shall apply in respect of that interest, with the necessary modifications.
Publication§
13ai.
(a)If the Commissioner imposed a financial penalty pursuant to this Chapter, the Commissioner shall publish on the website of the Ministry of Communications the following particulars, in a manner that ensures transparency regarding the exercise of the Commissioner's discretion in making the decision to impose a financial penalty:
(1)the fact of the imposition of the financial penalty;
(2)the nature of the violation for which the financial penalty was imposed and the circumstances of the violation;
(3)the amount of the financial penalty imposed;
(4)if the financial penalty was reduced – the circumstances for which the amount of the financial penalty was reduced and the rates of reduction;
(5)relevant particulars concerning the violator;
(6)the name of the violator – to the extent that the violator is a corporation.
(b)If a petition was filed to the Administrative Affairs Court or an appeal was filed against a decision on such a petition, the Commissioner shall publish, pursuant to subsection (a), the fact of the filing of the petition or the appeal and their outcomes in the same manner in which the Commissioner published the fact of the imposition of the financial penalty as referred to in subsection (a).
(c)Notwithstanding the provisions of subsection (a)(6), the Commissioner may publish the name of a violator who is an individual, if the Commissioner considered it necessary for the purpose of warning the public, after affording the violator an opportunity to present arguments on that matter.
(d)Notwithstanding the provisions of this section, the Commissioner shall not publish particulars that constitute information which a public authority is prevented from disclosing pursuant to section 9(a) of the Freedom of Information Law, 5758-1998, and the Commissioner may also refrain from publishing particulars under this section that constitute information which a public authority is not required to disclose pursuant to section 9(b) of that Law.
(e)Publication pursuant to this section in respect of a financial penalty imposed on a corporation shall be for a period of four years, and in respect of a financial penalty imposed on an individual – for a period of two years; in such publication the Commissioner shall apply appropriate and advanced technological measures to prevent, to the extent possible, the ability to access the particulars published upon the expiry of the publication period.
(f)The Minister may prescribe additional means of publication of the particulars referred to in this section.
Preservation of Criminal Liability§
13aj.
(a)Payment of a financial penalty, service of an administrative warning, or the giving of a letter of undertaking and bond pursuant to this Chapter shall not derogate from the criminal liability of a person for the violation of a provision among the provisions under this Law listed in sections 13k to 13o, that constitutes an offence.
(b)If the Commissioner sent to the violator a notice of intention to charge, or served on the violator an administrative warning or a notice of the possibility of submitting an undertaking and bond, in respect of a violation that constitutes an offence as referred to in subsection (a), no indictment shall be filed against the violator in respect of that violation, unless new facts have come to light that justify doing so.
(c)If an indictment was filed against a person in respect of a violation that constitutes an offence as referred to in subsection (a), the Commissioner shall not take proceedings against the person under this Chapter in respect of that violation; and if the indictment was filed in the circumstances referred to in subsection (b) after the violator paid a financial penalty or deposited a bond, the amount paid or the bond deposited, as the case may be, shall be returned to the violator, together with shekel interest from the day of payment of the amount or the day of deposit of the bond until the day of its return, and the provisions of the Interest and Linkage Law shall apply, with the necessary modifications.
Delegation of Powers§
13ak.
The Director may delegate to the Deputy Director-General for Supervision and Enforcement Affairs at the Ministry of Communications the Director's powers under this Chapter, except for the power to prescribe procedures pursuant to sections 13y(a) and 13ab(a).
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Contact Us →Chapter V: Miscellaneous Provisions
Exemption of the Operating Entity in respect of the Copyright Law and the Performers' and Broadcasters' Rights Law§
13al.
(a)Notwithstanding the provisions of any law, the Operating Entity shall not bear liability for the infringement of a right under the Copyright Law or the Performers' and Broadcasters' Rights Law in respect of the distribution of broadcasts pursuant to sections 6 and 7.
(b)If the Operating Entity is a private operating entity that holds a general licence for broadcasting by means of digital broadcast stations, the provisions of subsection (a) shall not apply to the additional broadcasts, as their meaning in section 12a(a), that it broadcasts pursuant to its licence.
Implementation and Regulations§
14.
The Minister is charged with the implementation of the provisions of this Law and may make Regulations for its implementation.
Amendment of the Second Authority Law – No. 35§
15.
In the Second Authority Law –
(1)In section 37(a)(2), instead of "referred to in sections 51, 51a and 70(a)" there shall come "referred to in section 70(a)";
(2)In the heading of Section A of Chapter IV, instead of "Stations, Licences and Franchises" there shall come "Licences and Franchises";
(3)Sections 51 to 53 – are repealed;
(4)In section 55(b), instead of "51, 51a, 51b, 52, 53, 54(a)" there shall come "54(a)";
(5)In section 62a(c), the words "from the provisions of section 51(c) or 51a(j) or" – shall be deleted;
(6)In section 63(d), instead of "a franchise holder for television broadcasting lawfully" there shall come "a franchise holder for television broadcasting, for the purposes of this Law, lawfully" and instead of "51, 51a, 51b, 52, 53, 54" there shall come "54";
(7)In section 63a(c), instead of "the said news company shall be treated as lawfully" there shall come "the said news company shall be treated, for the purposes of this Law, as lawfully" and instead of "51a, 51b, 52, 53, 60" there shall come "60";
(8)In the heading of Section A of Chapter VIII, the words "distribution fees," – shall be deleted;
(9)Section 100a – is repealed;
(10)In section 101 –
(a)In the marginal heading, instead of "in the franchise fees, the licence fees and the distribution fees" there shall come "in the franchise fees and the licence fees";
(b)Instead of "franchise fees, licence fees and distribution fees" there shall come "franchise fees and licence fees";
(11)In section 102, instead of "licence fees, distribution fees and royalties pursuant to sections 99 to 100a" there shall come "licence fees and royalties pursuant to sections 99 and 100";
(12)In section 102b, the words "distribution fees, except for distribution fees that the Knesset is required to pay pursuant to section 51b(f)" – shall be deleted and instead of "for this purpose, 'franchise fees', 'licence fees', 'distribution fees' or 'royalties' – franchise fees, licence fees, distribution fees or royalties" there shall come "for this purpose, 'franchise fees', 'licence fees' or 'royalties' – franchise fees, licence fees or royalties".
Amendment of the Second Authority for Television and Radio Law§
16.
In the Second Authority for Television and Radio Law (Amendment No. 33), 5771-2011, in Section A of Chapter II –
(1)In section 94(2) amending section 37(a)(2) of the Second Authority Law, sub-paragraph (b) – shall be deleted;
(2)In section 101 amending the heading of Section A of Chapter IV of the Second Authority Law, instead of the closing part beginning with the words "instead of 'Stations, Licences and Franchises'" there shall come "instead of 'Licences and Franchises' there shall come 'Broadcasting on a Separate Channel and Licence Restriction'";
(3)Sections 102 to 106, which repeal or amend sections 51, 51a, 51b, 52 and 53 of the Second Authority Law – are repealed;
(4)In section 115(3) amending section 62a(c) of the Second Authority Law, sub-paragraph (a) – shall be deleted;
(5)Section 132 amending section 100a of the Second Authority Law – is repealed.
Amendment of the Classification, Labelling and Prohibition of Harmful Broadcasts Law – No. 4§
17.
In the Classification, Labelling and Prohibition of Harmful Broadcasts Law, 5761-2001, in section 4(a), after paragraph (4) there shall come:
"(5) In respect of broadcasts of a thematic channel broadcaster pursuant to the Broadcasting Distribution by means of Digital Broadcast Stations Law, 5772-2012 – the thematic channel broadcaster as defined in that Law.".
Amendment of the Television Broadcasts (Subtitles and Sign Language) Law – No. 4§
18.
In the Television Broadcasts (Subtitles and Sign Language) Law, 5765-2005 –
(1)In section 1 –
(a)In the definition "supervisory body", after paragraph (5) there shall come:
"(6) In respect of the television broadcasts of a thematic channel broadcaster that are broadcast by virtue of the provisions of the Broadcasting Distribution Law – the Cable and Satellite Broadcasting Council;";
(b)After the definition "coordination committee" there shall come:
"'Broadcasting Distribution Law' – Broadcasting Distribution by means of Digital Broadcast Stations Law, 5772-2012;";
(c)In the definition "television broadcaster", after paragraph (5) there shall come:
"(6) In respect of the broadcasts of a thematic channel broadcaster pursuant to the Broadcasting Distribution Law – the thematic channel broadcaster as defined in that Law;";
(2)In section 6 –
(a)In the opening part, after "pursuant to the Communications Law" there shall come "or pursuant to the Broadcasting Distribution Law";
(b)In paragraph (d), after "pursuant to the Communications Law" there shall come "or pursuant to the Broadcasting Distribution Law, as the case may be,".
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