Rights10/21/2026

What Changes After the Elections Could Affect Israelis’ Fundamental Rights

An analysis by Zman Yisrael links the election outcome to the future of freedom of speech, protest, and the principle of equality in Israel. It addresses both provisions already enacted and bills and plans to change the Supreme Court’s ability to review government decisions.

Key facts

•The temporary provision on consuming publications remains in force until November 30, 2027
•The Rabbinical Arbitration Law was passed by a majority of 65 to 41
•The law on gender separation in academia was passed by a majority of 52 to 43
•The Communications Law was passed by a majority of 53 to 48
•A majority of 61 MKs is proposed for overriding a High Court of Justice ruling
•Basic Law: Human Dignity and Liberty is the basis for judicial protection of several rights

Restrictions Already Enacted

The Knesset expanded the powers of rabbinical courts: with the parties’ consent, they may act as arbitrators in civil disputes, including conflicts between an employee and employer or between business partners. Arbitration rulings by such courts are enforced without approval by a state court. In addition, the law permitted separate programs for women and men in advanced academic degree studies; petitions filed against it remain pending before the High Court of Justice, but the law has not been suspended.

Online Publications and Public Criticism

A 2023 temporary provision allows a person who systematically consumes inciting materials to be treated as a terrorism suspect, even if that person does not distribute them; it has been extended until November 30, 2027. Another bill would allow senior police officers to open investigations into incitement to terrorism without the State Attorney’s Office’s consent. It passed its first reading and was prepared for its second and third readings, so the next coalition will be able to continue advancing it under the rule of legislative continuity.

Nonprofits, Media, and Protests

A bill proposed by MK Ariel Kallner would impose a 23% tax on foreign government donations to nonprofit organizations. An exemption is envisaged for organizations that, for three years, refrain from participating in demonstrations, criticizing ministry policies, and promoting activity in the Knesset; if the bill is reintroduced, the procedure will have to begin again. The Communications Law, passed by a majority of 53 to 48, changes the structure of broadcast regulation, but Supreme Court Justice Ofer Grosskopf temporarily froze certain provisions, including the abolition of the separation between news services and broadcasters.

The Role of the Supreme Court

According to the article, an amendment to Basic Law: The Judiciary is intended to change the procedure for appointing judges after the next Knesset convenes, effectively requiring the political leadership’s consent for appointments to the Supreme Court. The Religious Zionism party’s plan also provides for overriding High Court of Justice rulings by a majority of 61 MKs, restrictions on interim injunctions, and limits on the right of public organizations to file petitions. The author emphasizes that, in the absence of a single constitution, equality and freedom of expression are protected to a significant extent through judicial interpretation of Basic Law: Human Dignity and Liberty.

Why the Election Outcome Matters

In the author’s assessment, a victory by the current coalition could simultaneously accelerate restrictive legislation and change the composition of the court that reviews such provisions. The Israel Democracy Institute counted 263 bills in the 25th Knesset that could potentially affect fundamental rights and democratic institutions: 28 were enacted, and nine passed their first reading. At the same time, the ultimate fate of several initiatives depends on the composition of the next Knesset, while some provisions already in force are still under review by the High Court of Justice.

What this means for you

For an ordinary person, the changes could affect the choice of forum for resolving a civil dispute, study conditions, online activity, participation in protests, and access to judicial review. While some provisions are already in force, some are being challenged before the High Court of Justice, and other initiatives will become law only with further Knesset approval. The article describes possible consequences and political scenarios, not a definitively established election outcome.

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