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Israel is Expected to Enact a New Spam Act

By Mr. Doron Tamir

Yesterday, as part of the efforts made to get into the OECD, the economic committee of the Knesset with Mr. Gilad Ardan as the chairman, successfully completed the first voting of the BEZEQ and Broadcasting law.

Some board member suggested dropping the IVR marketing system out of the new law but their request was postponed for the second round when preparing the law for its second and third votes. But it seems that with little support from the chairman the law will remain as it is, but with some minor cosmetic changes.

The whole amendment of this section of the BEZEQ law is manifested in its first paragraph, stating that no advertiser should send an advertisement by fax, automated dialing system, electronic message or short message without getting the consent of the receiver upfront and in writing.  A one time approach with any of the above methods to a business receiver will be allowed, but only for the purpose of getting the user’s consent and will not be consider as a breach of this chapter.

The law requests the mass advertiser to state the fact that this is an advertisement at the beginning of each message and add clear identifying details of his business.

Sanctions:

  • The law suggests 202,000 shekels as stated in Chapter 61.A.4 to the Punishment Law to the entity who breaches this law.
  • 67,300 shekels to the entity who send advertisement without the requested details in it.
  • 67,300 shekels and personal liability to the managers and/or owners of an entity who sends advertisement without the requested details in it.
  • Up to 1,000 shekels without the need to show damages for every advertisement message sent to the user.
  • Since this was claimed to be a civil claim as well, a person can sue for damages according to the Law of Tort.

This change was also entered in the Class Act Law allowing the user to sue in the name of many others who suffered the same abuse by the sender of the advertisements.