Spam: The Complete Guide to Harassment

What is the “Spam Law”?

The term “Spam Law” refers to Amendment No. 40 to the Communications (Broadcasting and Telecommunications) Law, 1982. On December 1, 2008, the amendment was added as Section 30A, titled “Sending an Advertisement via a Telecommunications Facility.” In short, the amendment prohibits sending unsolicited advertisements via any of the four methods specified in the law. For a detailed explanation, continue reading.

The Legal Situation Before the “Spam Law”

Prior to Amendment No. 40, the Communications Law only prohibited sending unsolicited advertisements via fax, stipulating that such an act constituted a criminal offense. However, with technological advancements, fax advertisements became rare, rendering this law largely ineffective in addressing contemporary practices.

Amendment No. 40 significantly improved the situation by including commonly used advertising methods (SMS, email, and automated dialing systems) and introducing a compensation mechanism for claimants without requiring proof of damages.

Simple Formula for Identifying Spam

While the law itself may be complex, our formula is remarkably simple. Answer these three questions:

1. Is the message an “advertisement“?
2. Was the message sent via one or more of the four methods specified in the law?
3. Did you not consent to receive the advertisement, or have you withdrawn your consent?

If you answered “yes” to all three, congratulations, you’ve likely encountered spam. For more details, click on each section or continue reading.

Four Methods of Spam Delivery

• Short Message Service (SMS, text message);
• Automated dialing system (even if the call ended before being answered and an advertisement was played when the recipient called back);
• Facsimile;
• Electronic message (email).

Locating Defendant Information

Looking to sue but don’t know who to sue? Locating defendant information may seem complex, but it isn’t always. A small claims lawsuit requires three pieces of information: (1) full name; (2) registered address; (3) identification number. While seemingly straightforward, many claimants make mistakes. Therefore, we’ve prepared an article on locating defendant information for individuals, companies, businesses, and more.

What Constitutes an “Advertisement”?

• A commercially distributed message intended to encourage the purchase of a product or service, or to induce expenditure in another way;
• A message disseminated to the public to solicit donations (see exceptions where donation requests are not considered “advertisements”);
• A message disseminated to the public for propaganda purposes (see exceptions where propaganda messages are not considered “advertisements”);
• Any other message disseminated to the public containing an offer to call a specific telephone number to receive a message (unless received from these entities).

What Does Not Constitute an “Advertisement”?

The Spam Law outlines circumstances where, despite meeting the above criteria, a message is not considered an “advertisement” (and therefore not “spam”). These include:

• Messages the recipient consented to receive or has not withdrawn their consent (read about withdrawing consent);
• Public messages soliciting donations for preliminary elections for: Knesset; local council head; local council candidate list;
• Emails from a non-profit organization or company for donations, and the recipient has not refused to receive them;
• Emails from a non-profit organization or company for propaganda, and the recipient has not refused to receive them;
• Messages disseminated to the public for propaganda containing a political message, including election campaigning;
• A one-time contact from an advertiser to an individual or business, solely as an offer to consent to receiving advertisements for donations or propaganda;

Messages disseminated to the public containing an offer to call a specific telephone number to receive a message from one of the following entities:

• Messages from the state and its institutions;
• Messages from an entity whose assistance is required during a civil emergency, including:
  • Magen David Adom (MDA);
  • National Fire and Rescue Authority;
  • Municipality or local authority (and in their absence, a corporation/individual fulfilling their functions);
  • Regional council (an association of neighboring local authorities);
  • An entity or part thereof providing a public service and declared by the minister in the register as a rescue entity.

When Does a Recipient “Consent” to Receive an Advertisement?

According to Section 30A(b) of the law, consent must meet the following criteria:

• Explicit consent;
• Given in advance;
• In writing or verbally (including electronic messages or recorded conversations).

Note! Many businesses offer an “unsubscribe” option, but as the Supreme Court ruled (simplified here) – this isn’t always recommended.

When Can Advertisements Be Sent Without Recipient Consent?

Recipient consent is generally required for sending advertisements. However, advertisements can be sent without consent if all the following conditions are met:

• The recipient provided their information to the advertiser during the purchase of a product/service (or during purchase negotiations);
• The advertiser informed the recipient that the provided information would be used to send advertisements via one of the four aforementioned methods (SMS, automated dialing system, fax, or email);
• The advertiser gave the recipient an opportunity to refuse to receive such advertisements (either generally or of a specific type);
• The recipient did not refuse;
• The advertisement relates to a product/service similar to the product/service of the purchase transaction in clause (1) above.

How to Refuse Advertisements or Withdraw Consent

At any time, a recipient may inform the advertiser that they refuse to receive advertisements (generally or of a specific type); or withdraw their consent to receive advertisements (if given). Such refusal or withdrawal is defined in law as a “refusal notice.” Note:

• According to the law, the recipient will not bear the cost of sending the refusal notice, except for the actual cost of sending the message.
• The refusal notice must be sent in writing or via the method in which the advertisement was sent, at the recipient’s discretion.
• In transactions for the purchase of goods/services on an ongoing basis, the recipient will be considered to have given a refusal notice upon termination of the contract, including if the contract ended due to a valid cancellation notice.

Received Spam: How Much Compensation Can Be Claimed?

The court may award compensation without proof of damage (“exemplary damages”) up to NIS 1,000 for each infringing advertisement. This does not affect the claimant’s right to any other remedy. Additionally, the court may impose a criminal fine for the infringement itself. However, this fine is paid to the state treasury (not the claimant) and serves as a punitive and educational measure.

Court Considerations When Awarding Compensation Without Proof of Damage

Before discussing court considerations, note that Section 30A(j)(1) of the Spam Law explicitly prohibits the court from considering the amount of damage suffered by the recipient as a result of the infringement. This is primarily to deter the sending of spam messages. So, what does the court consider?

• Whether a fine was imposed on the same advertiser for the same infringement;
• The interest in enforcing the law and deterring advertisers from violating it;
• Encouraging recipients to exercise their rights under the Spam Law;
• The scale of the infringement (clearly, one message is less serious than 30).

Will an Advertiser Offering an “Unsubscribe” Option Receive Reduced Compensation?

The Supreme Court has recently addressed this issue. While opinions differed, a ruling was ultimately reached. For more information on reduced compensation for advertisers allowing unsubscription via link.

Statute of Limitations for Civil Claims

The “Spam Law” does not specify a statute of limitations; therefore, the relevant statute of limitations is as defined in the Limitation Law – 7 years. However, there are specific provisions that extend or shorten the statute of limitations. Beyond the statute of limitations, “delay” is a crucial element in Israeli law. The legal system encourages claimants to act promptly and not delay filing their lawsuit.

Can a Small Claims Lawsuit Be Filed for Spam?

Provided the claim amount does not exceed NIS 38,900 (as of January 2023) and it is not a matter under the exclusive jurisdiction of a specialized court, then absolutely!