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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Chapter IV-A: Licences for Television Broadcasts by means of the Digital Broadcast Stations
General Licence for Broadcasts by means of the Digital Broadcast Stations§
12a.
(a)The Cable and Satellite Broadcasting Council (in this Chapter – the Council) may grant to a private operating entity a general licence to broadcast, by means of the digital broadcast stations under its operation, television broadcasts additional to the broadcasts it is obliged to distribute pursuant to section 6 (in this Chapter – the additional broadcasts).
(b)The Council may prescribe conditions in a licence granted pursuant to this section, amend its conditions, add to them or reduce them; the licence holder shall act in accordance with the conditions of the licence.
(c)A private operating entity that has received a licence pursuant to this section may finance the additional broadcasts by means of collection of payment for the reception of the broadcasts or by means of advertising broadcasts, in accordance with the conditions of its licence; however, no more than three channels shall be financed by means of advertising broadcasts, and a channel dedicated to broadcasts for children shall not be financed by means of advertising broadcasts at all.
(d)For the purpose of the grant of a licence pursuant to this section and the conditions therein, the provisions of sections 6h(f), 6h1, 6h2(2), 6h3 and 6i(a)(2) to (5), (8), (9) and (b) of the Communications Law shall apply, with the necessary modifications.
(e)For the purpose of the transfer, charge (security interest) or attachment of a licence granted pursuant to this section or of an asset from among the assets of the licence, the provisions of section 6j of the Communications Law shall apply, with the necessary modifications.
(f)The Council may revoke a licence granted pursuant to this section, restrict it or suspend it upon the occurrence of any of the following:
(1)the circumstances referred to in section 6k(a) of the Communications Law are present, with the necessary modifications;
(2)the circumstances referred to in section 2(c1)(2) are present.
Special Licence for Broadcasts by means of the Digital Broadcast Stations§
12b.
(a)Where the scope of activity of a holder of a general licence for broadcasts by means of the digital broadcast stations is a broad scope of activity, the Council may grant a special licence to broadcast one channel of television broadcasts on the digital broadcast stations by means of the general licence holder; for this purpose, "broad scope of activity" – the total revenues of a holder of a general licence for broadcasts by means of the digital broadcast stations from its activity pursuant to this Law in a fiscal year is at least NIS 400,000,000, or constitutes at least 10% of the total revenues in the multi-channel television market, as defined in section 12c(a), in that year, whichever is lower.
(b)The Council may prescribe conditions in a licence granted pursuant to this section, amend its conditions, add to them or reduce them; the licence holder shall act in accordance with the conditions of the licence.
(c)For the purpose of the grant of a licence pursuant to this section and the licence granted, the provisions of section 12a(d), (e) and (f)(1) shall apply, with the necessary modifications.
(d)Where the Council has granted a special licence for broadcasts by means of the digital broadcast stations pursuant to this section, the holder of the general licence for broadcasts by means of the digital broadcast stations shall transmit the broadcasts of the special licence holder, by means of the digital broadcast stations, and the provisions of section 6ah(a) and (b) of the Communications Law shall apply, with the necessary modifications, however the Minister may, with the consent of the Minister of Finance, prescribe for the purpose of section 6ah(a) of that Law a rate higher than five-sixths.
Powers of the Council in respect of a Licence Holder for Broadcasts by means of the Digital Broadcast Stations§
12c.
(a)In this section –
"broad scope of activity", in respect of a holder of a general licence for broadcasts by means of the digital broadcast stations – any of the following:
(1)the total revenues of the licence holder from its activity pursuant to this Law in three consecutive fiscal years is at least NIS 400,000,000, or constitutes at least 10% of the total revenues in the multi-channel television market in those years, whichever is lower;
(2)the total revenues of the licence holder from its activity pursuant to this Law in one fiscal year is at least NIS 800,000,000, or constitutes at least 20% of the total revenues in the multi-channel television market in that year, whichever is lower;
"total revenues in the multi-channel television market" – the total revenues of bodies prescribed by the Minister, in accordance with a calculation prescribed by the Minister.
(b)The powers of the Council vested in it pursuant to sections 6e(1), (5)(a) and (7), 6e1(a1), (a2) and (b) to (d) of the Communications Law, in respect of a general licence for cable broadcasts and in respect of a special licence for cable broadcasts as defined in section 6a of that Law and in respect of holders of such licences, shall be vested in it in respect of a general licence for broadcasts by means of the digital broadcast stations and in respect of a special licence for broadcasts by means of the digital broadcast stations, respectively, and in respect of holders of such licences, all with the necessary modifications and with this modification: the rate of investment with which a holder of a general licence as aforesaid shall be charged pursuant to section 6e1(a1) of the Communications Law shall be calculated from its annual revenues from its activity pursuant to this Law.
(c)Notwithstanding the provisions of subsection (a) –
(1)the provisions of section 6e1(b) to (d) of the Communications Law shall not apply in respect of a holder of a general licence for broadcasts by means of the digital broadcast stations whose scope of activity is not a broad scope of activity;
(2)for the purpose of the provisions of section 6e1(a1) of the Communications Law –
(a)where the total revenues of a holder of a general licence for broadcasts by means of the digital broadcast stations from its activity pursuant to this Law in a fiscal year are less than NIS 200,000,000 or do not constitute at least 5% of the total revenues in the multi-channel television market in that year, whichever is lower – the provisions of that section shall not apply;
(b)where the total revenues of a holder of a general licence for broadcasts from its activity pursuant to this Law by means of the digital broadcast stations from its broadcasts in a fiscal year are more than NIS 200,000,000 but less than NIS 300,000,000 or constitute at least 5.5% of the total revenues in the multi-channel television market, but not more than 7.5% of those revenues in that year, whichever is lower – section 6e1(a1) of the Communications Law shall be read as if instead of "up to 12% of its annual revenues from subscription fees, and not less than 8% of those revenues" there were substituted "4.5% of its annual revenues" and instead of "local productions" there were substituted "purchased local productions";
(c)where the total revenues of a holder of a general licence for broadcasts from its activity pursuant to this Law by means of the digital broadcast stations from its broadcasts in a fiscal year are more than NIS 300,000,000 but less than NIS 400,000,000 or constitute at least 7.5% of the total revenues in the multi-channel television market, but not more than 10% of those revenues in that year, whichever is lower – section 6e1(a1) of the Communications Law shall be read as if instead of "up to 12% of its annual revenues from subscription fees, and not less than 8% of those revenues" there were substituted "6% of its annual revenues" and instead of "local productions" there were substituted "purchased local productions".
Application of Provisions to a Licence Holder for Broadcasts by means of the Digital Broadcast Stations§
12d.
(a)The provisions of sections 4g, 6i1, 6l, 6v, 6x1, 6y, 6aj, 6al1, 13, 13a, 13b, 51c, 51d and 51e of the Communications Law shall apply in respect of a holder of a licence for broadcasts by means of the digital broadcast stations, with the necessary modifications.
(b)In addition to the provisions of subsection (a), the following provisions shall apply to a holder of a general licence for broadcasts by means of the digital broadcast stations, with the necessary modifications:
(1)the provisions of sections 6e1(a), 6k1, 6k2, 6s2(a) and (c), 6t2(a) to (h), 6u1, 6an and 6ay1 of the Communications Law, however the provisions of sections 6k2, 6s2(a) and (c) and 6an of that Law shall not apply in respect of a holder of a general licence for broadcasts by means of the digital broadcast stations whose scope of activity is not a broad scope of activity as defined in section 12c(a), and for the purpose of section 6e1(a) of the Communications Law, the provisions of that section shall not apply to a licence holder as aforesaid whose scope of activity is not a broad scope of activity as defined in section 12b(a);
(2)for the purpose of the broadcasts of a holder of a general licence for broadcasts by means of the digital broadcast stations, financed by means of advertising broadcasts – the provisions of sections 6ah1(g) and 6ah2 of the Communications Law.
(c)In addition to the provisions of subsection (a), the provisions of section 6x of the Communications Law shall apply to a holder of a special licence for broadcasts by means of the digital broadcast stations, with the necessary modifications.
Thematic channel broadcaster§
13.
(a)The Council may, so long as there is no holder of a general licence for broadcasts by means of the digital broadcast stations, grant a licence for the purpose of broadcasting a thematic channel to be distributed by means of the digital broadcast stations, to a person it has selected in a tender that it published for that purpose (in this section – a thematic channel tender); a selection as aforesaid shall be based on the price that each participant in the tender offers to pay for the capacity that will be allocated to it at the digital broadcast stations for the purpose of distributing its broadcasts of a thematic channel; in this section –
"subject" – including a language;
"thematic channel" – a television channel of which at least 75% of its broadcast hours are dedicated to one subject, and whose broadcasts on that subject are broadcast during at least 90% of prime viewing hours;
"prime viewing hours" – the hours between 19:00 and 23:00, on every day.
(b)The winner of a thematic channel tender shall decide, after its selection, to which of the subjects listed below the thematic channel shall be dedicated:
(1)sport;
(2)children's broadcasts;
(3)films;
(4)nature;
(5)series;
(6)documentary;
(7)news;
(8)music;
(9)history;
(10)culture;
(11)any other subject that the Minister, in consultation with the Second Authority Council and the Council, has determined to be a defined and specific subject for which there is justification that broadcasts in respect thereof be conducted within the framework of a thematic channel to be distributed by means of the digital broadcast stations.
(c)Notwithstanding the provisions of subsection (b) –
(1)a person who requests to be a thematic channel broadcaster on the subject of news shall notify the Council, already at the time of submitting its offer in the thematic channel tender, of its intention to be a thematic channel broadcaster on such a subject;
(2)if the Minister and the Minister of Finance find that due to lack of economic viability no offers were submitted in the thematic channel tender, the Minister may direct the Council to publish an additional tender whereby only the winner of the tender shall be entitled to broadcast on a thematic channel only subjects from those listed in subsection (b), as the Minister shall direct.
(d)
(1)The following persons shall not be entitled to participate in a thematic channel tender:
(a)a body from among the bodies listed in section 6(a)(4) and (6);
(b)an entity as listed below, if it holds means of control in one or more thematic channel broadcaster(s), and the broadcasts of the thematic channel broadcaster or of all such broadcasters together in which it holds means of control are distributed within the framework of at least four thematic channels:
(1)a body from among the bodies listed in section 6(a)(1) and (2) and also the broadcasting body as defined in the Knesset Channel Broadcasting Law, 5764-2003;
(2)a person who is an interested party or controlling shareholder in a body as referred to in sub-paragraph (a);
(3)a person in whom a body as referred to in sub-paragraph (1) is an interested party or controlling shareholder;
(4)a person in whom a certain individual is an interested party or controlling shareholder and who is also an interested party or controlling shareholder in a body as referred to in sub-paragraph (1);
(c)(Repealed);
(d)(Repealed);
(e)a holder of a general licence for cable broadcasts and a holder of a satellite broadcasting licence as their meaning in the Communications Law (in this paragraph – a broadcasting licence holder);
(f)a person who is an interested party in a broadcasting licence holder;
(g)a person in whom a broadcasting licence holder is an interested party;
(h)a person in whom a certain individual is an interested party and who is also an interested party in a broadcasting licence holder;
(1a)with respect to a thematic channel tender on the subject of news, the provisions of paragraph (1) shall not derogate from the provisions of section 6t2 of the Communications Law, as applied in subsection (f);
(2)(Repealed);
(3)(Repealed).
(d1)The Council may set conditions in a licence granted pursuant to this section to a thematic channel broadcaster, amend its conditions, add to them or reduce them; a thematic channel broadcaster shall act in accordance with the conditions of the licence.
(e)A thematic channel broadcaster shall be entitled to finance its broadcasts by means of collecting a payment for the reception of its broadcasts or by means of advertising broadcasts, all in accordance with what is set in the tender, provided, however, that a thematic channel broadcaster on the subject of children shall not be entitled to finance its broadcasts by means of advertising broadcasts.
(f)The provisions of sections 6e, 6e1, 6h, 6h2, 6h3, 6i(a)(3), (5) and (8), 6j(a), 6k, 6v, 6x1 and 6y of the Communications Law, and also the provisions of Section I in Chapter II-A of that Law, except for sections 6ah, 6ah1(a), (b), (i) and (j) and 6ah3 of that Law, shall apply, subject to the provisions of this section, with respect to the publication of a thematic channel tender, including the manner of defining the subject, and also with respect to a licence pursuant to subsection (b) including with respect to the granting of such a licence, with respect to a thematic channel broadcaster and with respect to its broadcasts, and with respect to a thematic channel on the subject of news – the provisions of section 6t2 of that Law shall also apply in such matters, all with the necessary modifications and with the following modifications:
(1)in section 6e1 of the Communications Law –
(a)subsection (a) – shall not apply;
(b)in subsections (a1) and (a3), instead of "from its annual income from subscription fees" read "from its annual income";
(c)instead of the rates set therein, the Council may set different rates with respect to the broadcasts of a thematic channel broadcaster, provided that with respect to at least three thematic channels from among the first nine thematic channels whose broadcasts are to be distributed by means of the digital broadcast stations, the rates set in subsection (a1) shall apply;
(2)in section 6t2 of the Communications Law, subsections (a), (b), (g) and (i) and sub-paragraph (5)(a) and (b) in subsection (c) therein – shall not apply.
Restriction of broadcasts by means of the digital broadcast stations by a person who is not a licence holder§
13a.
A person who is not a holder of a licence for broadcasts by means of the digital broadcast stations or a thematic channel broadcaster, except for a body from among the bodies whose broadcasts are distributed pursuant to sections 6(1) to (6) and (8) and 7, shall not broadcast by means of the digital broadcast stations operated by the Operating Entity.
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