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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
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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.

Chapter VII: Offences

Conducting Broadcasts and Broadcasting Stations without a Franchise or Licence§

90.
(a)One who contravenes the provisions of section 32(a) is liable to imprisonment of three years or a fine of NIS 4,782,000.
(b)Where the court finds that there is reasonable ground for suspecting that a person has contravened the provisions enumerated in section 32(a) without having received a franchise or licence therefor under this Law, it shall order the seizure of the devices and equipment with which, or by means of which, the offence was committed; the provisions of sections 33 to 42 of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969 shall apply, with the necessary modifications, to such seizure.
(c)The provisions of subsection (b) are in addition to the powers of seizure under any other law and shall not derogate therefrom.

Advertising on a Broadcasting Station for which no Franchise or Licence has been Granted§

90a.
(a)One who does any of the following is liable to imprisonment of one year or half the fine referred to in section 90(a):
(1)supplies an advertising spot for broadcast on a broadcasting station for which no radio broadcasting franchise, digital radio broadcasting licence or analogue radio broadcasting licence has been granted, and which requires a radio broadcasting franchise, digital radio broadcasting licence or analogue radio broadcasting licence under the provisions of this Law (in this section – a station for which no radio broadcasting franchise, digital radio broadcasting licence or analogue radio broadcasting licence has been granted);
(2)gives consideration for the broadcast of an advertising spot on a station for which no radio broadcasting franchise, digital radio broadcasting licence or analogue radio broadcasting licence has been granted.
(b)For the purposes of this section, it shall be presumed that one whose business or objects the content of the spot is likely to advertise or promote, supplied the spot or gave consideration for its broadcast, unless the contrary is proved.

Harm to a Broadcasting Station and to Broadcasts§

91.

One who does any of the following wilfully and unlawfully is liable to imprisonment of five years:

(1)destroys a broadcasting station of the Authority or of a broadcasting licensee, causes it substantial damage or removes it from its place;
(2)prevents, disrupts or delays the carrying out of broadcasts in any manner.

Interference with the Authority or a Broadcasting Licensee§

92.

One who interferes with the Authority, a broadcasting licensee or their agents, personally or through others, in the establishment, operation, maintenance, inspection or repair of a broadcasting station, carried out lawfully, is liable to a fine as referred to in section 61(a)(2) of the Penal Law, 5737-1977, and where the interference is continuing – to an additional fine at the rate prescribed in section 61(c) of the Penal Law, 5737-1977, for each day on which it continues.

Breach of Duty of Confidentiality§

93.
(a)Where the Council or a committee of its committees, as the case may be, has determined that a particular session shall be closed, no person included in the list set out in subsection (b) (hereinafter – a person bound by confidentiality) shall disclose any detail of its proceedings or of the proceedings of a committee of its committees, unless prior approval has been received therefor from the Chairperson of the Council or the Chairperson of the committee, as the case may be.
(b)The following are persons bound by confidentiality:
(1)a member of the Council;
(2)a member of an advisory committee under section 18(a)(2);
(3)the Director;
(4)an employee of the Authority;
(5)the manager of the news company;
(6)any other person participating in a session that has been determined to be closed.
(c)Persons bound by confidentiality shall not disclose any detail whatsoever regarding tenders, and all material submitted in connection with tenders and their content, so long as the Authority has not determined the winner of the tender.
(d)One who contravenes the provisions of subsections (a) or (c) is liable to imprisonment of one year.
(e)Nothing in the provisions of this section shall prevent disclosure pursuant to the requirement of a court or of one who is competent to conduct an investigation into the commission of offences.

Breach of Duty of Disclosure§

94.

A member of the Council who contravenes the provisions of section 14 is liable to imprisonment of one year.

Offences of a Broadcasting Licensee§

95.
(a)A broadcasting licensee who has conducted, whether personally or through another on its behalf, broadcasts on subjects prohibited for broadcast under section 46(a), is liable to double the fine prescribed in section 61(a)(4) of the Penal Law, 5737-1977.
(b)A broadcasting licensee or its representative who acted in contravention of the provisions of section 108(c) is liable to imprisonment of one year.
(c)A holder of a television broadcasting licence who acted in contravention of the provisions of section 71g(a) is liable to a fine of NIS 1,000,000.

Conditions in a Franchise or Licence whose Breach Constitutes an Offence§

96.
(a)A broadcasting licensee or the holder of a franchise for the operation of a broadcasting station who has breached, whether personally or through another, conditions in a broadcasting franchise, a broadcasting licence or a franchise for the operation of a broadcasting station which the Minister has prescribed in Regulations as conditions whose breach constitutes an offence, is liable to a fine at the rate prescribed in the said Regulations, provided that the fine shall not exceed double the fine prescribed in section 61(a)(4) of the Penal Law, 5737-1977.
(b)A fine imposed pursuant to subsection (a) on a broadcasting licensee or on the holder of a franchise for the operation of a broadcasting station shall be paid to the Authority, and the Authority may set it off against any amount it owes to the broadcasting licensee or to the franchise holder, or collect it from the broadcasting licensee or from the franchise holder by way of civil action.

Cease-and-Desist Order§

97.

Where an act has been done in a manner and in circumstances that prima facie constitute an offence under sections 90, 91 or 92, whether or not an indictment has been filed with the court in respect of the offence, the court may order the accused or any person who appears to the court to be responsible for the commission of the offence, and their agents or contractors, to cease the act constituting the offence, and an order as aforesaid shall remain in force until the court cancels or varies it.

Offence by a Corporation§

98.

Where an offence under this Chapter has been committed by a corporation, every office holder therein shall also be charged with the offence, unless that office holder proves that the offence was committed without his knowledge and that he took all reasonable measures to prevent it; in this section, "office holder" – as defined in the Companies Ordinance.

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Chapter VIII: Finances

Section A: Franchise Fees, Licence Fees, Royalties, Loans and the Authority's Budget

Franchise Fees or Licence Fees§
99.
(a)A broadcasting licensee shall pay the Authority annual franchise fees or licence fees, as the case may be, at the rate to be prescribed by the Minister in Regulations, and different rates may be prescribed in Regulations according to the scope and types of the franchises or licences. The franchise fees or licence fees under this section are in addition to the one-time franchise fees or licence fees paid by the broadcasting licensee, if offered in a tender.
(b)Where one-time franchise fees or licence fees were offered in a tender, the Authority shall transfer the licence fees or franchise fees as aforesaid paid by the broadcasting licensee to the State Treasury.
Royalties§
100.
(a)A broadcasting licensee shall pay to the State Treasury royalties on its revenues from conducting broadcasts and from providing services as referred to in this Law.
(b)The Minister, with the consent of the Minister of Finance and with the approval of the Economics Committee of the Knesset, shall prescribe in Regulations, from time to time, the rate of royalties on revenues as referred to in subsection (a).
(c)The commencement of a changed rate of royalties shall be six months from the date of its publication in Reshumot (Official Gazette).
(d)The Authority shall furnish the Minister of Finance with the data required for the purpose of calculating the amounts of royalties transferred to the State Treasury pursuant to this section and also for the purpose of calculating payments set off against the royalties pursuant to section 53.
(e)A person who has received information pursuant to subsection (d) shall not transmit it to another and shall not make use of it except for the purpose of calculating the amounts of royalties as referred to in that subsection, or for the purpose of implementing provisions under any law or pursuant to an order of a court.
100a.§

(Repealed — תשע״ב־4)

Use of Franchise Fees and Licence Fees§
101.

The franchise fees and licence fees paid to the Authority shall serve it to cover the expenses involved in the discharge of its functions, including the current operation of the news company as referred to in section 70(b).

Dates§
102.

The Minister, with the consent of the Minister of Finance, shall prescribe in Regulations the dates for payment of the licence fees and royalties pursuant to sections 99 and 100, including provisions regarding the payment of linkage differentials and interest and arrears interest in respect of payment after the dates so prescribed, and also the dates for the transfer of royalties from the Authority to the State Treasury.

Use of Amounts from Royalties – Special Provisions§
102a.
(a)Notwithstanding the provisions of section 101, the Authority may, for the purpose of covering the expenses involved in the discharge of its functions, use amounts from the royalties transferred to the State Treasury, as follows:
(1)in the year 1998 – an amount not exceeding NIS 16 million;
(2)in the financial year 1999 – an amount not exceeding NIS 16 million, plus the amount of expenses involved in the operation of main broadcasting stations to be added in that year and in the payment of frequency fees therefor, as the Finance Committee of the Knesset shall determine.
(b)Notwithstanding the provisions of section 101, the Authority may defer, until the 6th of Tevet 5772 (1 January 2012) (in this subsection – the deferral date), the transfer of royalties to the State Treasury in respect of the financial years 2008 to 2011, in a total amount not exceeding NIS 20 million, for the purpose of using the said amount to cover the expenses involved in the discharge of its functions, provided that before the said deferral the Minister of Finance has approved, pursuant to section 22 of the Budget Foundations Law, 5745-1985, the draft budget of the Authority for the financial year in respect of which the deferral is requested; amounts of royalties whose transfer to the State Treasury was deferred pursuant to this subsection shall be transferred to the State Treasury by the deferral date, together with linkage differentials to the index, from the date on which the Authority was required to transfer the royalties to the State Treasury until the date of their actual transfer.
Settlement of Franchise Fee and Royalty Debts – Special Provisions§
102a1.
(a)In this section –

"franchise holder" – the holder of a television broadcasting franchise;

"the anticipated difference" – the difference between the following two:

(1)an amount equal to the total debts in respect of franchise fees that the franchise holders were required to pay pursuant to this Section before the commencement date of Amendment No. 32, less their debts in respect of franchise fees that are non-spreadable debts, debts as referred to in subsection (d) or debts that were set off pursuant to section 102a2(b) and (d);
(2)an amount equal to the total expenses that the Authority is expected to incur until the deferred payment date, plus the total royalties whose transfer to the State Treasury was deferred pursuant to section 102a(b);

"the total debt" – a debt in respect of franchise fees or in respect of royalties that a franchise holder was required to pay pursuant to this Section before the commencement date of Amendment No. 32;

"non-spreadable debt" – the total debts of the franchise holder as detailed below, including linkage differentials and interest:

(1)a debt in respect of franchise fees for the current operating budget of the news company as determined pursuant to sections 70(b) and 99, which the franchise holder was required to pay pursuant to this Section by the 10th of Av 5769 (31 July 2009);
(2)a debt in respect of franchise fees which the franchise holder was required to pay pursuant to this Section from the 11th of Av 5769 (1 August 2009) until the commencement date of Amendment No. 32;
(3)a debt in respect of royalties which the franchise holder was required to pay pursuant to this Section calculated in respect of its revenues from August 2009 to December 2009;
(4)with respect to the holder of a television broadcasting franchise for Channel 3 – a debt in respect of franchise fees and royalties which it was required to pay pursuant to the provisions of this Section before the commencement date of Amendment No. 32, in the amount of NIS 10 million;

"the balance of the total debt" – the amount of the difference between the total debt and the non-spreadable debt;

"the deferred payment date" – the 5th of Tevet 5772 (31 December 2011);

"profit" – profit recorded in an audited annual financial report of the franchise holder, and with respect to a financial year for which such a report has not yet been submitted – profit presented in another report in respect of that financial year, in whole or in part, approved by an auditor and submitted to the Director;

"arrears interest" – interest in respect of delay in the transfer of funds within the banking system, as determined in the notice of the Accountant General in the Ministry of Finance, at its rate from time to time.

(b)A franchise holder who has a total debt shall pay it by the commencement date of Amendment No. 32.
(c)Notwithstanding the provisions of subsection (b), a franchise holder who has paid the non-spreadable debt on the commencement date of Amendment No. 32 may pay the balance of the total debt in accordance with the provisions detailed below, at its election, provided that it notified the Director of its election as aforesaid by the 9th of Shevat 5770 (24 January 2010):
(1)a debt in respect of franchise fees in an amount not exceeding an amount determined in respect thereof by the Minister and the Minister of Finance – the franchise holder may pay it by the deferred payment date, provided that the total amount to be determined by the Ministers pursuant to this paragraph for all franchise holders shall not exceed the amount of the anticipated difference, and all subject to the following provisions:
(a)the said debt shall bear linkage differentials and interest from the date set for its payment until the day preceding the commencement date of Amendment No. 32;
(b)the said debt shall bear linkage differentials to the index from the commencement date of Amendment No. 32 until the date of actual payment or until the deferred payment date, whichever is earlier;
(c)if the said debt has not been paid by the deferred payment date, arrears interest shall be added thereto from the said date until the date of its actual payment;
(2)a debt in respect of franchise fees and in respect of royalties, in an amount not exceeding NIS 39 million for the holder of a television broadcasting franchise for Channel 3 or NIS 19.5 million for the holder of a television broadcasting franchise for Channel 2, excluding in respect of years in which the franchise holder recorded a profit – the franchise holder may pay it by the deferred payment date, in instalments and at dates as the Director shall direct, provided that the Director shall not direct a date earlier than the 25th of Tevet 5771 (1 January 2011), and all subject to the following provisions:
(a)the said debt shall bear linkage differentials and interest from the date set for its payment until the day preceding the commencement date of Amendment No. 32;
(b)the said debt shall bear arrears interest from the commencement date of Amendment No. 32 until the date of its actual payment;
(c)the Minister, with the consent of the Minister of Finance, may prescribe additional restrictions and conditions in addition to the restrictions pursuant to section 71c, which shall apply to the franchise holder for as long as it has not paid the said debt.
(d)Where the balance of the total debt exceeds the amount of the debts pursuant to subsection (c)(1) and (2), the franchise holder shall pay the difference between them within 14 days from the date on which the Director notified it thereof, subject to the following provisions:
(1)the said debt shall bear linkage differentials and interest from the date set for its payment until the date of actual payment or until the expiry of 14 days from the date of the Director's notice, whichever is earlier;
(2)if the said debt has not been paid by the expiry of 14 days from the date of the Director's notice, arrears interest shall be added thereto from the said date until the date of its actual payment.
(e)A franchise holder shall furnish the Director, in the manner and at the time the Director shall direct, with the data required for the purpose of calculating the amount of the franchise holder's total debt; the Director shall furnish the Minister of Finance with the data furnished to him as aforesaid and with the calculation of the amount of the franchise holder's total debt.
(f)Where a franchise holder has submitted to the Director an audited annual financial report in respect of a financial year for which a debt was deferred pursuant to subsection (c)(2), and a profit is recorded in the said report, the franchise holder shall pay the debt deferred as aforesaid in respect of that year within 30 days from the date of submission of the report, together with linkage differentials and interest, and arrears interest, in respect of the periods as referred to in subsection (c)(2)(a) and (b).
(g)Where a franchise holder whose debt payment date was deferred pursuant to subsection (c)(2) has breached a condition of the conditions pursuant to section 71c or pursuant to subsection (c)(2)(c), or has not paid a payment at the date directed by the Director pursuant to subsection (c)(2) (in this subsection – the payment date), or its franchise has expired or been cancelled, it shall pay within 30 days from the date on which the breach was discovered, from the payment date or from the date on which its franchise expired or was cancelled, as the case may be, the balance of its deferred debt as aforesaid, together with linkage differentials and interest, and arrears interest, in respect of the periods as referred to in subsection (c)(2)(a) and (b).
Reimbursement for the Years 2003 to 2012§
102a2.
(a)In this section –

"the actual difference" – between the following two:

(1)an amount equal to the total franchise fees paid by the holders of television broadcasting franchises pursuant to section 102a1(c)(1) and (2), plus the franchise fees paid by all franchise holders for the financial years 2010 to 2012, as well as payment for the distribution of television broadcasts by satellite pursuant to section 99 and distribution fees paid to the Authority pursuant to the provisions of section 100a for those years, plus the amounts reduced pursuant to section 102a3;
(2)an amount equal to the total expenses incurred by the Authority for the years referred to in paragraph (1), plus the total royalties transferred to the State Treasury pursuant to section 102a(b);

"the anticipated difference" – as defined in section 102a1(a);

"the proportionate share" – the ratio between the franchise fees that a franchise holder was required to pay in respect of a financial year pursuant to this Section before the commencement date of Amendment No. 32 and the total franchise fees that all franchise holders were required to pay pursuant to this Section before the commencement date of Amendment No. 32 in respect of that year, multiplied by the anticipated difference in respect of that financial year.

(b)The Authority shall transfer to one who was a franchise holder in one or more of the financial years 2006 to 2009 an amount to be determined by the Minister and the Minister of Finance, at dates to be determined, in respect of the said years during which that person was a franchise holder.
(c)Where an actual difference arises, the Authority shall transfer to one who was a franchise holder in one or more of the financial years 2003 to 2006 and 2010 to 2012, an amount as it shall direct, with the approval of the Minister and the Minister of Finance, and at dates as it shall direct, in respect of the said years during which that person was a franchise holder, provided that the total amount that the Authority shall direct pursuant to this subsection for all franchise holders shall not exceed the amount of the actual difference, and that which is stated in subsection (e) shall be fulfilled.
(d)The transfer of amounts from the Authority to a franchise holder pursuant to this section shall be by way of set-off of the franchise holder's debts to the Authority; if the franchise holder has no such debt at the date of the transfer of the amount, or if the amount of the debt is lower than the amount to be transferred, the amount or the balance thereof that was not set off, as the case may be, shall be transferred in the manner to be determined by the Minister and the Minister of Finance.
(e)Amounts as referred to in subsection (c), in an amount not exceeding the proportionate share, shall be transferred first to one who was a franchise holder in the financial year in respect of which the amount is being distributed and who, on the commencement date of Amendment No. 32, has no debt in respect of franchise fees and royalties.
(f)(Repealed).
Reduction of Amounts§
102a3.
(a)The Authority may authorise a franchise holder who has paid the balance of the total debt as defined in section 102a1, to reduce from the amounts it is required to pay to the Authority pursuant to sections 99 and 100a until the commencement date of Amendment No. 37, its proportionate share of the actual difference, in the amount and on the conditions as it shall direct.
(b)Where the amounts that a franchise holder is required to pay to the Authority pursuant to sections 99 and 100a have been reduced pursuant to the provisions of subsection (a), the amount of the reduction as aforesaid shall be deducted from the amount to be transferred to the franchise holder pursuant to section 102a2(c).
(c)In this section, "the actual difference" – as defined in section 102a2(a) with this modification: paragraph (1) of the said definition shall read as follows: "(1) an amount equal to the total franchise fees that the holders of television broadcasting franchises are required to pay pursuant to section 102a1(c)(1) and (2), plus the franchise fees that all franchise holders are required to pay for the financial years 2010 to 2012, as well as payment for the distribution of television broadcasts by satellite pursuant to section 99 and distribution fees to be paid to the Authority pursuant to the provisions of section 100a for those years.".
Application of the Tax (Collection) Ordinance§
102b.

The Tax (Collection) Ordinance shall apply to franchise fees, licence fees and royalties under this Law as if they were a tax within the meaning of that Ordinance; for this purpose, "franchise fees", "licence fees" or "royalties" – franchise fees, licence fees or royalties under this Law in respect of which a written notice of the liability therefor has been sent to the obligor and the obligor has been given an opportunity to state its arguments against the liability.

Loans§
103.

The Authority may, subject to the provisions of any law, receive loans for the purpose of bridge financing of the commencement of its activities, and loans that are not for bridge financing as aforesaid – with the approval of the Minister of Finance.

Publication of the Authority's Budget§
103a.

The Authority's budget shall be published on the Authority's website.

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