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Approved on first reading: Posting online content which constitutes a tortuous act or breach of intellectual property right of another person on an electronic communication network will allow the disclosure of the identity of the poster.
Publicized: July 25, 2012 The Knesset approved the first reading of the bill: Exposing the identity of content poster on an electronic network - 2012, submitted by the government. The bill was discussed at the Law, Constitution and Justice Committee. The bill intends to create within the law the regulations which will allow a person to request the Magistrates Court to reveal identity - a request that the court order another person to provide him with information about an individual who posted via electronic communications network, anonymously, content whose publication constitutes an injustice towards the person making the request or violation of their intellectual property rights. The court may grant the request if it is proven that there is real concern that the poster had committed a tortuous act or violated intellectual property rights, and that there is a reasonable possibility that the main claim, if submitted, will be decided in favor of the person making the request. The bill contains provisions regarding the procedure for revealing the identity of the poster by the court. The explanatory notes to the bill stated that ”... one of the characteristics of the Internet is the ability to express oneself anonymously – feature which has both advantages and disadvantages. The right to anonymous expression embodies two important fundamental rights: Freedom of speech and right to privacy. Anonymity allows one to avoid revealing personal details where he does not want to, and, sometimes, it is what allows the person`s statement, as there are situations where a person who would not be able to speak anonymously would rather not speak at all. However, the Internet should not be seen as a ”refuge” which allows for wrongdoing or violation of rights without being held accountable. Against the right to speak and act anonymously, stands the right of those who believe that they were damage by the distributed content, to petition the courts for justice and enforcement of their rights (such as the right for good name or economic rights), same as they would have been entitled to in a non virtual arena.” 9 MKs voted in favor of the bill during at first reading, 2 against and 2 abstained.  © Copyright 2013, all rights reserved to the State of Israel or to third parties as detailed in this link. We welcome your Suggestions and Comments. Email: feedback@knesset.gov.il | |||||
