Until 2018, foreign investment in media broadcasting services was subject to special (and discriminatory) authorisation under the Investment Promotion Law. According to Palestinian authorities, in granting the license, the Ministry of Information should consider the following: 1) the owner of the station: i). to be Palestinian and residing in Palestine. If he was not a resident or was a foreigner, he had to obtain the approval of the competent authorities in accordance with the Investment Promotion Law and other applicable laws; and 2) the station manager had to a Palestinian and reside in Palestine. The article of the Investment Promotion Law, which required the prior approval from the Palestinian Council of Ministers to commence its work, had been repealed however. For the purposes of the OECD FDIRRI, the no longer existence of such provision was assumed not to dismiss the need for additional approval by the foreign investor as that remained a requirement in the sector-specific Decision.
In 2018, Cabinet Resolution No. (18) of 2018 was approved. Under the new resolution, investment in satellite broadcasting stations, foreign broadcasting stations, whether terrestrial or satellite, and religious stations still require special authorisation by the Council of Ministers. For other cases, a professional licencse from the Ministry of Information can be granted to such stations where the owner is a Palestinian (with the exception of foreign stations) and the station manager is a Palestinian residing in the country.
"Article (2)
It is prohibited for any person to establish or equip any satellite broadcasting service station or company, satellite station offices, media production, or to commence work or broadcast before obtaining the necessary license in accordance with the provisions of this law.
[...]
Article (4)
Each member of the committee is responsible for the following: 1. Ministry of Information: [...] C. Issuing a professional license. D. Oversight of media content and media professionals working at the station. 2. Ministry of Communications and Information Technology: [...] B. Managing, organizing, issuing and renewing a license to use frequencies. C. Granting the necessary licenses to import technical devices and equipment related to communications.
[...]
Article (9)
1. The approval of the Council of Ministers must be obtained to issue a license for satellite broadcasting stations, foreign broadcasting stations, whether terrestrial or satellite, and religious stations.
[...]
Article (12)
The Ministry of Information grants the professional license after fulfilling the conditions stipulated in Articles (13, 14, 15, 16) of this system.
Article (13)
The station owner must meet the following conditions: 1. He must be Palestinian, with the exception of foreign stations. 2. He must be of good conduct and conduct, and not convicted of a felony or misdemeanor against honor or trust, unless he has been properly rehabilitated. 3. He must have obtained the necessary approvals from the competent government agencies, in accordance with the provisions of this system and relevant legislation.
Article (14)
The station manager must meet the following conditions: 1. He must be Palestinian and reside in the country. 2. He must be a media professional or a specialist in the station’s field of work. 3. He must be of good character and conduct, and not convicted of a felony or misdemeanor against honor or trust, unless he has been rehabilitated in accordance with the rules. 4. He must have obtained the necessary approvals from the competent government agencies in accordance with the provisions of this system and relevant legislation. 5. He must have a first university degree in media, and appropriate practical experience of no less than (5) years, or a graduate degree in media, and no less than (3) years of experience. In the absence of a first university degree, his experience must not be less than Professional for (10) years.[...]" (Cabinet Resolution No. (18) of 2018 regarding the licensing system for terrestrial and satellite radio and television stations, satellite broadcasting service companies, satellite station offices, and media production [google translation])
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"Article (12) - Conditions for granting the license by the Ministry of Information
Upon granting the license, the Ministry of Information shall take into account the following:
First: Concerning the owner of the station:
1. To be a Palestinian and a resident of Palestine. If he is not a resident or is a foreigner, he shall obtain the approval of the competent authorities in accordance with the Investment Promotion Law and other applicable laws.
2. Shall not be convicted of a felony or misdemeanor that violates honor or trust.
[...]
Second: In the station manager:
1. Be a Palestinian and reside in Palestine.
2. Be a journalist or media person. [...]" (Decision of the Council of Ministers No. (182) for the year 2004 regarding the licensing system for radio, television, satellite and radio stations [google translate])
Cabinet Resolution No. (18) of 2018 regarding the licensing system for terrestrial and satellite radio and television stations, satellite broadcasting service companies, satellite station offices, and media production [google translation]
Decision of the Council of Ministers No. (182) for the year 2004 regarding the licensing system for radio, television, satellite and radio stations [google translate]
[<a href="http://muqtafi.birzeit.edu/pg/getleg.asp?id=17122">Resolution</a>],[<a href="http://muqtafi.birzeit.edu/Legislation/getLeg.aspx?pid=45737&Ed=1 ">Decision</a>]