Israeli Legislation.com
LawAdministrative Law

Second Authority for Television and Radio Law, 5750-1990

חוק הרשות השניה לטלויזיה ורדיו, התש"ן–1990

Published: 1990-02-13Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-09
Premium
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section B: The Tender for a Broadcasting Franchise and Restrictions on the Grant of a Television Broadcasting Licence

Franchise by Tender§
38.

A radio broadcasting franchise and, until the transition date – also a television broadcasting franchise, shall be granted by means of a public tender to be published by the Authority.

Tender Rules§
39.

The Council, with the approval of the Minister, shall determine rules regarding the proceedings for the grant of a franchise, including the conduct of tenders, the manner of submitting proposals and processing them, and the methods and dates for providing information regarding the results of the tenders.

The Second Authority for Television and Radio Rules (Proceedings for the Grant of a Television Broadcasting Franchise), 5752-1992 (Kovetz HaTakanot 5752, 828) have been published.

The Second Authority for Television and Radio Rules (Proceedings for the Grant of a Radio Broadcasting Franchise), 5755-1995 (Kovetz HaTakanot 5755, 724) have been published.

Tender Committee§
40.
(a)The Council shall constitute a tender committee for the purpose of tenders for broadcasting to be published by the Authority pursuant to the provisions of this Law.
(b)The chairperson of the Council shall serve as chairperson of the tender committee; however, he shall not have a casting vote as referred to in section 17(c).
(c)The Director, or an employee of the Authority appointed for that purpose by the Director, may participate in any meeting of the tender committee, not as a committee member.
(d)The tender committee may, to the extent it deems appropriate, consult with experts who are not among its members; an expert who is connected to the franchise applicant or whose other occupations are likely to create a conflict of interests shall notify the committee of this before giving such advice and his notification shall be recorded in the minutes of the committee's deliberations.
(e)The tender committee shall deliberate on the proposals and decide on the winner of the tender, and it may disqualify any proposal and even all the proposals.
Right to Participate in a Tender and Restrictions on the Grant of a Television Broadcasting Licence§
41.
(a)A corporation in which at least the following conditions are met, and in which what is stated in subsections (b), (b1) and (c) is not met, may participate in a tender:
(1)it is a corporation registered in Israel in which the ability to direct its actions and at least twenty-six per cent of every means of control therein are in the hands of Israeli citizens and residents of Israel, or in the hands of corporations registered in Israel in which the aforementioned conditions are met. In this paragraph, "Israeli citizen" – as its meaning in the Citizenship Law, 5712-1952;
(2)it has not been convicted of an offence which, in the opinion of the Attorney General, involves moral turpitude, and if it is a corporation – its manager or a person who is an interested party in the corporation has not been so convicted;
(3)it is not an advertising agent or an agent of a performer as defined in the Performers' and Broadcasters' Rights Law, 5744-1984;
(4)it is not a corporation one of whose principal purposes or activities is the acquisition of advertising media, including advertising broadcast time, for those who hold means of control therein.
(b)(Repealed).
(b1)(Repealed).
(b2)A person in whom one of the following applies shall not be entitled to participate in a tender for a television broadcasting franchise and shall not receive a licence for television broadcasting:
(1)he is another franchise holder, or another franchise holder holds any proportion of means of control therein;
(2)he also holds any proportion of means of control in another franchise holder;
(3)in respect of a holder of a television broadcasting licence or if there is one franchise holder in the channel – he is a corporation in which a person who holds fifteen per cent or more of any class of means of control therein or controls it, also holds fifteen per cent or more of any class of means of control in one other franchise holder, or controls it; if there are two or more holders in such a corporation – they cumulatively hold twenty-four per cent or more of any class of means of control therein or control it; if there are two franchise holders in the channel – he is a corporation in which a person who holds twenty-four per cent or more of any class of means of control therein or controls it, also holds fifteen per cent or more of any class of means of control in one other franchise holder, or controls it; if there are two or more holders in such a corporation – they cumulatively hold thirty per cent or more of any class of means of control therein or control it; if there are three franchise holders in the channel – he is a corporation in which a person who holds more than thirty per cent of any class of means of control therein or controls it, also holds fifteen per cent or more of any class of means of control in one other franchise holder, or controls it; if there are two or more holders in such a corporation – they cumulatively hold thirty per cent or more of any class of means of control therein or control it;
(4)he is a corporation in which one person holds more than seventy-four per cent of any class of means of control;
(5)
(a)he is a corporation that is a newspaper;
(b)he is a person who holds any proportion of means of control in a newspaper;
(c)in respect of a holder of a television broadcasting licence or if there is one franchise holder in the channel – he is a corporation in which a newspaper holds more than eight per cent of any class of means of control, or controls it; if there are two or three franchise holders in the channel – he is a corporation in which a newspaper holds sixteen per cent or more of any class of means of control, or controls it;
(d)in respect of a holder of a television broadcasting licence or if there is one franchise holder in the channel – he is a corporation in which a person who holds any proportion of means of control in a newspaper, or who controls a newspaper, holds more than eight per cent of any class of means of control, or controls it; if there are two or three franchise holders in the channel – he is a corporation in which a person who holds any proportion of means of control in a newspaper, or who controls a newspaper, holds sixteen per cent or more of any class of means of control, or controls it;
(6)he is a corporation in which an affiliated newspaper holds any proportion of means of control;
(7)he is a corporation in which two or more of those who hold means of control therein, in a proportion exceeding the proportion permitted to a single holder under paragraph (5)(c) or (d), are newspapers, or they cumulatively hold ten per cent or more of any class of means of control, or control, in one newspaper or in newspapers;
(8)in addition to what is stated in paragraphs (3) and (7) – in respect of a holder of a television broadcasting licence or if there is one franchise holder in the channel – he is a corporation in which two or more of those whose holdings therein are restricted as stated in paragraphs (3) and (5) hold means of control therein, of any class, in a cumulative proportion of twenty-four per cent or more, or control it; if there are two or three franchise holders in the channel – he is a corporation in which two or more of those whose holdings therein are restricted as stated in paragraphs (3) and (5) hold means of control therein, of any class, in a cumulative proportion exceeding thirty per cent, or control it;
(9)In this subsection –

"another franchise holder" – a holder of a television broadcasting franchise or a holder of a television broadcasting licence, excluding the news company, a holder of a general licence for cable broadcasting or a holder of a satellite broadcasting licence, under the Communications Law, and also a holder of a general licence for broadcasting by means of digital broadcasting stations under the Broadcasting Distribution by means of Digital Broadcasting Stations Law, 5772-2012;

"another franchise holder" – (with effect from the date of publication of the Communications (Broadcasting) Law, 5786-2026): a holder of a television broadcasting franchise or a holder of a television broadcasting licence, excluding the news company, and also a holder of a general licence for broadcasting by means of digital broadcasting stations under the Broadcasting Distribution by means of Digital Broadcasting Stations Law, 5772-2012;

"newspaper" – as defined in section 6h4(c) of the Communications Law;

"affiliated newspaper" – a corporation that is a newspaper, a person who is an interested party in a corporation that is a newspaper or who controls a newspaper and who is also an interested party in another franchise holder.

(c)A person in whom one of the following applies shall not be entitled to participate in a tender for a radio broadcasting franchise:
(1)he is a holder of a television broadcasting franchise or a licence for television broadcasting, or he is an affiliated corporation of any of them, or he is a corporation in which an interested party therein is also an interested party in any of them, all whether directly or indirectly;
(2)he is a corporation that is a newspaper, or he is a corporation in which a person who holds, directly or indirectly, a particular class of means of control therein in a proportion exceeding twenty-four per cent, or the ability to direct its actions in another manner, also holds, directly or indirectly, any proportion of a particular class of means of control in a corporation that is a newspaper or in an affiliated corporation of a newspaper or in an affiliated corporation of an interested party in a newspaper (hereinafter – affiliated bodies); the provisions of this paragraph, in respect of restrictions imposed on a newspaper and on the affiliated bodies thereof:
(a)shall not apply to a corporation seeking to participate in a tender for radio broadcasting in a zone in which one radio broadcasting franchise has already been granted, if it or an affiliated body thereof as aforesaid does not hold, directly or indirectly, any means of control in the corporation that has already won such a franchise or the ability to direct its actions in another manner;
(b)to a newspaper that is not a daily newspaper, or to a daily newspaper in a language different from the language in which the radio broadcasts will be broadcast, to a publisher of such a newspaper, or to one who holds any class of means of control in such a newspaper, provided that none of them holds more than 49% of any class of means of control in the corporation seeking to participate in the tender for radio broadcasting, or is a controlling shareholder of the corporation seeking to participate;
(3)he is a body that broadcasts, pursuant to law, broadcasts to the public or to a part thereof, or he is "Bezeq", the Israel Telecommunication Corp. Ltd., or he is a corporation in which these bodies are interested parties or in which he is an interested party, whether directly or indirectly;
(4)he is a local authority or he is a corporation in which any proportion of means of control is held, directly or indirectly, by a local authority;
(5)he is a corporation which, if it wins the tender, the provisions of section 72a will apply to it, to an interested party therein or to an affiliated corporation of any of them, whether directly or indirectly.
Disqualification of a Tender Participant§
42.
(a)A tender committee shall disqualify a participant in a tender if, in its opinion –
(1)the grant of the franchise to that participant is liable to be contrary to the public interest;
(2)the grant of the franchise to that participant is liable to constitute a risk to the security of the State;
(3)the participant in the tender is a party or a representative or agent of a party or of another body which, in the opinion of the committee, is liable to use the broadcasts to advance the particular purposes of the party or the said body.
(b)A tender committee that has disqualified a participant as stated in subsection (a) shall record its reasons in writing.
Disclosure of Information in a Tender§
43.
(a)A tenders committee may require a participant in a tender to disclose full and accurate particulars regarding his identity, his business affairs, his capital structure and his sources of financing, as well as any other information that the committee considers there to be an interest in disclosing.
(b)A tenders committee may require a participant in a tender that is a corporation to disclose all the information referred to in subsection (a), also in respect of an interested party in the corporation, and in respect of any other person or entity that holds, directly or indirectly, including through one or more other persons or corporations, any means of control in the corporation.
Discussion with Tenderers§
44.

A tender committee may discuss the particulars of a tenderer's offer with the tenderer, request clarifications in respect thereof and request all tenderers to amend their offers, all while affording each of them an equal opportunity.

Criteria for Selection of the Winning Tenderer§
45.

A tender committee, in selecting the winning tenderer, shall have regard, inter alia, to the following considerations:

(1)the financial and economic capacity of the tenderer;
(1a)in respect of a tender for television broadcasting – the one-time franchise fees proposed;
(2)the knowledge and professional experience available to it;
(3)the equipment and studios that will be available to the tenderer;
(4)the production capacity of the tenderer and the variety of programmes and broadcasts proposed by it;
(4a)the scope of investment proposed in local productions, as well as the annual scope proposed for drama programmes, documentary programmes and special programmes as defined in the First Schedule;
(5)the expression in the proposed broadcasts of the Authority's objectives as detailed in section 5(b), and its capacity to fulfil them as aforesaid.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Contact Us →

Section C: General Obligations in the Broadcasts of a Broadcasting Licensee

Prohibited Broadcasts§
46.
(a)A broadcasting licensee shall not broadcast broadcasts that contain –
(1)a criminal offence or a civil wrong under any law;
(2)incitement to racism, discrimination or actual harm to a person or a group of persons, on the basis of their affiliation with a religion, race, nationality, gender, community, way of life or origin;
(2a)obscene material, as its meaning in the Penal Law, 5737-1977, including broadcasts concerning any of the following:
(1)the depiction of sexual relations involving violence, abuse, degradation, humiliation or exploitation;
(2)the depiction of sexual relations with a minor or with a person who appears to be a minor;
(3)the depiction of a person or a bodily organ of a person as an object available for sexual use;

and all this where the broadcasts enumerated in sub-paragraphs (1) to (3) are not, in a manifest manner, of artistic, scientific, news, educational or explanatory value, which justifies, in the circumstances of the matter, their broadcasting;

(3)party political propaganda, except for election propaganda permitted under law;
(4)(deleted).
(b)A correct and fair broadcast of an act that is contrary to what is stated in subsection (a)(1) to (3) shall not constitute a breach of this section.
(c)A broadcasting licensee shall not give expression in its broadcasts, whether directly or indirectly, whether in writing or in any other form of expression, to its personal opinions, and if it is a corporation – to the opinions of its managers or to the opinions of the interested parties therein.
(d)A broadcasting licensee shall not prevent broadcasts, whether directly or indirectly, by reason of its personal opinions, and if it is a corporation – by reason of the opinions of its managers or the opinions of the interested parties therein.
Opportunity to Respond§
47.
(a)A broadcasting licensee shall ensure that in a broadcast on current affairs whose content has public significance, there is adequate expression of the various opinions prevalent among the public.
(b)The Council shall prescribe rules regarding the granting of an opportunity to respond in a manner appropriate to the circumstances of the matter, to one who has been or is liable to be directly harmed by the broadcasts.

The Second Authority for Television and Radio Rules (Ethics in Television and Radio Broadcasting), 5754-1994 have been published.

Protected Works§
47a.

The Minister of Justice, with the approval of the Economics Committee of the Knesset, may prescribe arrangements in respect of the registration and reporting by broadcasting licensees of works protected by copyright and performers' rights that are broadcast by them, as well as in respect of the bearing of the costs of registration and reporting; the provisions of this section are in addition to the provisions of any law.

48.§

(Repealed — תשע״ח־2)

Restriction of Broadcasting Times of Advertising Spots§
49.
(a)The Authority may restrict a broadcasting licensee who has, in its broadcasts, violated a rule of the Council's rules or a direction given pursuant thereto, or who has broadcast prohibited broadcasts as their meaning in section 46 (hereinafter – broadcast in violation), in respect of the broadcasting times of advertising spots and their duration.
(b)(Repealed).
(c)The Authority shall notify a broadcasting licensee of its intention to restrict it as stated in subsection (a) at least twenty-four hours before carrying out the restriction.
(d)The Council may prescribe rules for the implementation of this section.

The Second Authority for Television and Radio Rules (Seizure of Broadcasting Times), 5767-2007 have been published.

Broadcasts in Emergency Situations§
50.

In emergency situations or for reasons of State security, the Authority may instruct a broadcasting licensee to broadcast announcements on behalf of the Government, the Police, the General Staff of the Israel Defence Forces and the Head of the Civil Defence.

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Contact Us →
← 1…345…15 →

Page 4 of 15

Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.