Questions and answers on Israeli law (FAQ)

Question 1

Is an arbitration clause in a consumer contract binding under Israeli law?

Accepted Answer

Usually not. The Standard Contracts Law, 5743-1982 (חוק החוזים האחידים, התשמ״ג-1982), sets a presumption that a term in a standard-form contract providing that every dispute between the supplier and the customer will be decided by arbitration is an unfair term (section 4(8)), and a court that finds a term unfair cancels or changes it (sections 3 and 19); and the Consumer Protection Law, 5741-1981, applies despite any waiver or contrary agreement (section 36).

Question 2

What happens in a class action after the certification stage: evidence, settlement or a ruling?

Accepted Answer

After the deadline for opting out of the class has passed, the proceeding moves on to the evidence stages. Sections 18 and 19 of the Class Actions Law, 5766-2006 (חוק תובענות ייצוגיות, התשס״ו-2006), govern a settlement agreement in a class action: the motion to approve the settlement is published to the class members, and the court will not approve a settlement unless it finds that it is appropriate, fair and reasonable, taking into account the interests of the class members (section 19(a)).

Question 3

Who decides how much the representative counsel gets in a class action settlement?

Accepted Answer

Section 23(a) of the Class Actions Law provides that the court sets the legal fees of the representative counsel, and that counsel may not receive fees above the amount the court set. The settlement agreement itself may not include a provision on the fees; the parties may only submit an agreed recommendation, and the court decides (section 18(g)(2)).

Question 4

What is a passenger entitled to when a flight is delayed, depending on the length of the delay?

Accepted Answer

When a flight takes off at least two hours late, the airline must provide, without payment, food and drinks according to the waiting time, two phone calls and sending a fax or an email (sections 3(a)(1) and 7(a) of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 5772-2012 (חוק שירותי תעופה (פיצוי וסיוע בשל ביטול טיסה או שינוי בתנאיה), התשע״ב-2012)). With a delay of 5 hours or more but less than 8 hours, passengers are, as a rule, also entitled to a refund of the amount paid or to an alternative ticket, as they choose, and if the alternative ticket is for a flight on the next day, also to a hotel stay and transport (section 7(b)). Monetary compensation under the First Schedule is not paid for a short delay: only a flight that took off at least 8 hours late counts as a “canceled flight” (section 1), and then the rights and exemptions of a canceled flight apply to it.

Question 5

What are a passenger's rights when a flight is canceled, and when is the airline exempt?

Accepted Answer

On a canceled flight, the passenger is entitled to assistance services, to a refund of the amount paid or an alternative flight ticket, as they choose, and to monetary compensation under the First Schedule (section 6(a) of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 5772-2012). The compensation will not be paid if the airline proves that it gave notice of the cancellation at least 14 days in advance, or shorter notice together with an alternative flight at the times set in section 6(c); or that the cancellation resulted from special circumstances beyond its control that it could not prevent, from a protected strike or lockout, or from avoiding desecration of the Sabbath or a holiday (section 6(e)). If the passenger received an alternative flight ticket and the landing at the final destination was late by up to two hours (on a flight of up to 2,000 km), up to three hours (up to 4,500 km) or up to four hours (on a longer flight), the airline may reduce the compensation by half (section 6(b)).

Question 6

What happens at the hearing of a motion to certify a class action?

Accepted Answer

The defendant is given an opportunity to respond to the motion before the decision. At the certification stage, what is required, among other things, is a “reasonable possibility” that the substantial questions common to the class members will be decided in the class's favor (section 8(a)(1) of the Class Actions Law, 5766-2006), not full proof.

Question 7

How do you actually claim compensation from an airline, and how long does it take?

Accepted Answer

The process starts with a written request to the airline (keep a copy): it must refund the amount paid within 21 days of the request, and pay the monetary compensation within 45 days, in cash, by bank transfer or by cheque, and by voucher only if you agreed to this explicitly and in writing (section 3(a) of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 5772-2012). If it did not pay, you can sue, including in the Small Claims Court, within four years from the day the cause of action arose (section 19).

Question 8

How is a class action settlement different from an ordinary settlement agreement?

Accepted Answer

A settlement agreement in a class action is different from a private agreement: it does not bind only the parties who sat in the room; it applies to the class members, except those whom the court allowed to leave the class (section 18(f) of the Class Actions Law, 5766-2006). That is why every settlement agreement in a class action requires the court's approval (section 18(a)), to make sure it is fair and does not harm the interests of class members who are not directly represented in the proceeding.

Question 9

What happens after the parties to a class action agree on a settlement?

Accepted Answer

Section 18(c) of the Class Actions Law, 5766-2006, provides that if no reason is found to dismiss the motion outright, the court will order publication of a notice of its filing under section 25, and its delivery, together with the motion, the settlement agreement and the claim, to the Attorney General, the Director of Courts and other bodies. The notice includes the details of the settlement, and states the right to object under section 18(d) and the right to opt out under section 18(f).

Question 10

When is a dismissal unlawful under Israeli law?

Accepted Answer

In Israel, in the private sector, there is no general statutory requirement that the employer prove a ground for dismissal, but a proper dismissal requires good faith, a fair process (including a pre-dismissal hearing) and written advance notice (section 2 of the Advance Notice of Dismissal and Resignation Law, 5761-2001 (חוק הודעה מוקדמת לפיטורים ולהתפטרות)), and a dismissal contrary to a prohibition in the law is forbidden. A flaw in one of these may give rise to a cause of action.

Question 11

What must the notice to employee on terms of employment include, and what happens if it was not given?

Accepted Answer

Under the Notice to Employee and Job Candidate (Terms of Employment and Screening and Hiring Procedures) Law, 5762-2002 (חוק הודעה לעובד ולמועמד לעבודה (תנאי עבודה והליכי מיון וקבלה לעבודה), התשס״ב-2002), an employer must give the employee, no later than 30 days from the start of work (and for a young worker, within 7 days), a written notice of the main terms of employment (section 1); otherwise the employer is liable to a fine (section 4). And if a dispute arises over a matter that should have appeared in a notice that was not given, the burden of proof on that matter is on the employer, provided that the employee testified to their claim (section 5A of the Law).

Question 12

How many days of annual leave is an employee entitled to in Israel?

Accepted Answer

The Annual Leave Law, 5711-1951, sets a statutory minimum that rises with seniority; a sector extension order, a collective agreement or the employment contract may give more, so it is important to check. Under section 3(a) of the Law, in each of the first five years the employee is entitled to 16 vacation days, and the vacation days may include no more than one weekly rest day for every seven vacation days; that is, in a six-day work week, at least 14 working days. The Law does not set how many working days this is in a five-day week; the conversion is set by an extension order or by the agreement that applies at the workplace. In the sixth year: 18 days; in the seventh year: 21; and from the eighth year, one more day for each year, up to 28 days. Someone who worked fewer days in the work year than set in section 3(b)–(c) is entitled to a proportional part.

Question 13

Which disabilities does the Equal Rights for Persons with Disabilities Law, 5758-1998, cover?

Accepted Answer

The Law defines a “person with a disability” as a person with a physical, mental or intellectual impairment, including a cognitive one, permanent or temporary, because of which their functioning is substantially limited in one or more of the main areas of life (section 5).

Question 14

Which kinds of discrimination at work are prohibited in Israel, and what is the sanction for a breach?

Accepted Answer

The Employment (Equal Opportunities) Law, 5748-1988 (חוק שוויון ההזדמנויות בעבודה, התשמ״ח-1988), prohibits an employer from discriminating against employees or job seekers because of sex, sexual orientation, personal status, pregnancy, fertility treatment, IVF treatment, parenthood, age, race, religion, nationality, country of origin, place of residence, views, party or reserve duty, in hiring, working conditions, promotion, training and dismissal (section 2); discrimination because of disability is prohibited under section 8 of the Equal Rights for Persons with Disabilities Law, 5758-1998. The bans on discrimination in both laws do not apply to someone who employs fewer than six employees (section 21(c) of the Employment (Equal Opportunities) Law, and section 13(a) of the Equal Rights for Persons with Disabilities Law). The Labor Court may award compensation even if no financial damage was caused, in an amount it considers appropriate in the circumstances; a cap on compensation without proof of damage was set only in a proceeding over harm related to sexual harassment (sections 7 and 10(a)(1)).

Question 15

What is the law on transferring an employee to a distant workplace, or on a demotion?

Accepted Answer

Transfer to a lower-ranking position: a demotion may be considered a material deterioration in working conditions (section 11(a) of the Severance Pay Law, 5723-1963 (חוק פיצויי פיטורים, התשכ״ג-1963)) even when the wage did not go down, because “working conditions” are not limited to the wage, and professional status and promotion prospects may be taken into account. Transfer to a distant workplace: if the transfer brings significant travel costs or requires the employee to move home, this too may be considered a material deterioration in working conditions, especially when the employer does not share the additional costs.

Question 16

Who is entitled to severance pay, and when is a waiver of it valid?

Accepted Answer

The law provides that an employee who was dismissed is entitled to severance pay, if the conditions set in the Law are met. This compensation is calculated under section 12 of the Severance Pay Law, 5723-1963: one month's wage for each year of employment, based on the employee's last wage (section 13 of the Law and the Severance Pay Regulations (Calculation of Severance Pay and Resignation Deemed Dismissal), 5724-1964 (תקנות פיצויי פיטורים (חישוב הפיצויים, והתפטרות שרואים אותה כפיטורים), התשכ״ד-1964)). A settlement or a discharge receipt (release) regarding severance pay is valid only if it was made in writing and it states explicitly that it concerns severance pay (section 29 of the Severance Pay Law).

Question 17

What does an employer's duty of reasonable accommodation toward an employee with a disability include?

Accepted Answer

The Law requires an employer to make the accommodations needed because of the special needs of a person with a disability that will enable their employment: in the workplace and equipment, the job requirements, working hours, hiring tests, training and work procedures; failing to make them is discrimination (section 8(e) of the Equal Rights for Persons with Disabilities Law, 5758-1998). The duty applies to someone who employs six or more employees (section 13(a) of the Law, which applies section 21(c) of the Employment (Equal Opportunities) Law), and as long as the adjustment does not place an “undue burden” on the employer, which is assessed, among other things, by the cost and nature of the adjustment, the size and structure of the business, the scope of activity, the number and composition of the employees, and the availability of external or state funding.

Question 18

When do sick days, vacation days and pension contributions start to accrue?

Accepted Answer

Sick days: they accrue from the first day at a rate of one and a half days for each month of work (Sick Pay Law, 5736-1976 (חוק דמי מחלה)). No sick pay is paid for the first day of each illness, half is paid for the second and third days, and from the fourth day, full sick pay (section 2). Up to 90 days can be accrued. Vacation days: they accrue from the first day: 16 vacation days in each of the first five years, including no more than one weekly rest day for every seven vacation days (Annual Leave Law, section 3(a)); someone who worked fewer than 200 working days in the year, or fewer than 240 when their employment lasted only part of the year, is entitled to a proportional part. Leave not used by the end of employment is paid out in money (section 13). Pension: under the Extension Order for Mandatory Pension (צו ההרחבה לפנסיה חובה), from the January 2017 wage the employee contributes 6% and the employer 6.5% for benefits plus 6% for severance; an employee who has an active pension fund is entitled to contributions from the first day, and an employee without a fund after six months of work. A collective agreement or an employment contract may set earlier contributions. Check the agreement for your sector.

Question 19

What happens when an agent goes beyond their authority under an agency agreement?

Accepted Answer

If the agent goes beyond the limits of their authority, the transaction does not bind the principal, unless the principal ratified it afterwards (section 6(a) of the Agency Law, 5725-1965 (חוק השליחות)) or the principal's notice or conduct toward the third party created an authorization (section 3(a)). A third party who did not know about the excess of authority may, as long as they have not learned of a ratification, treat the agent personally as the other party, or withdraw from the transaction and claim their damage from the agent (section 6(b)).

Question 20

What does a bank check before it issues a bank guarantee?

Accepted Answer

The bank does not issue a guarantee without making sure that, if it has to pay, you will be able to pay it back. First of all, it checks your ability to repay: financial statements, cash flow, equity and existing credit commitments. Businesses with problematic liquidity ratios are refused, or asked for heavy collateral. The basic requirements for an application: the bank's guarantee request form, financial statements for at least the last two years, a copy of the contract or tender document for which the guarantee is required, and sometimes a personal guarantee from the controlling shareholder. When the bank approves, it usually increases your credit line by the amount of the guarantee, or requires a cash deposit tied to the guarantee (cash collateral) as security. The Bank of Israel regulates the management of bank guarantee risks in its directives to the banks.

Question 21

What is an agency agreement, and what legal exposure does it carry?

Accepted Answer

Agency can be general (the agent is authorized for any act in the area of the principal's business) or specific (the authority is limited to specific transactions). The difference is critical: a general agent can bind you to a large contract, even without your explicit approval, because the agent's act binds the principal (section 2 of the Agency Law, 5725-1965), and where the authorization sets no limit, the agency covers any act reasonably needed to carry out its subject (section 5(a)).

Question 22

How much does a bank guarantee cost, and for what period is it given?

Accepted Answer

The bank charges a commission for the guarantee, and its rate depends, among other things, on the level of risk the bank attributes to you and on the features of the guarantee. The guarantee is usually given for a defined period or until a date set in it. If you completed the obligation before that date, you can ask the beneficiary to confirm to the bank that the guarantee is canceled; usually the bank will not cancel a guarantee before the date set in it without the beneficiary's consent, even if you are sure you have met all your obligations. It is important to check the expiry and renewal terms in the guarantee document: a guarantee that renews itself (“evergreen”) may stay in force for a long time if you do not pay attention.

Question 23

What remedies can you claim for breach of contract, and how do you choose between them?

Accepted Answer

Under section 2 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970 (חוק החוזים (תרופות בשל הפרת חוזה), התשל״א-1970), the injured party is entitled to claim enforcement of the contract or to rescind it, and damages can be claimed in addition to one of these remedies or instead of them. Enforcement and rescission are alternative remedies: someone who rescinded the contract cannot demand its enforcement.

Question 24

When may you assign a contractual right, and when may you not?

Accepted Answer

Under section 1(a) of the Assignment of Obligations Law, 5729-1969 (חוק המחאת חיובים, התשכ״ט-1969), a right can be assigned unless one of the following conditions applies: • The contract explicitly prohibits assignment, such as a clause “this contract cannot be assigned”. • The assignment would substantially change the other party's obligation; for example, if a contract with a particular sports coach is based on his specific personality, assigning it to someone else would change the nature of the agreement. • The right is “personal” in nature: a right given to a specific person because of their personal characteristics. • A special law prohibits it; for example, part of the monthly wage cannot be transferred or charged (section 8 of the Wage Protection Law, 5718-1958). What is always prohibited without consent: assigning obligations. That is, you cannot make another person bear your obligations under a contract without the other party agreeing to it.

Question 25

What exactly does someone who signs a non-disclosure agreement (NDA) commit to?

Accepted Answer

When you sign an NDA, you are not only signing “not to talk”. The undertaking includes: no disclosure to a third party without written approval; digital and physical protection of the information (not leaving documents open, locking files); using the information only for the purpose for which it was given; and returning or destroying the information when the relationship ends. The last point is the one people often forget, and so they keep holding information even years later. If you are on the receiving side, you are also responsible for keeping it within the organization. Passing information to other people in the company without explicit approval may be considered a breach, even if you did not “publish” it. In practice, it is worth defining in advance who is authorized to access the confidential materials.

Question 26

How do you end an agency agreement without exposing yourself to a lawsuit?

Accepted Answer

Agency can end in different ways: naturally, on the date set in the agreement; by cancellation by the principal or the agent; and also by the death of one of them, loss of legal capacity, bankruptcy or the liquidation of a corporation (section 14(a) of the Agency Law). A third party who did not know that the agency ended is entitled to treat it as continuing (section 15(b)), so the principal should notify the end of the agency to every third party who knew the agent.

Question 27

What must a non-disclosure agreement (NDA) include, and what makes a court refuse to enforce it?

Accepted Answer

A non-disclosure agreement (NDA) that is easier to enforce includes: a specific definition of what counts as confidential (not “any information related to the business”, which is too broad); identification of the parties and allocation of responsibility; the duration of confidentiality, “two years after the end of the relationship” and not “forever”; a limit on use to a defined purpose; explicit exceptions; a remedy for breach; and a competent court. And one more thing people often forget: the signature of all parties. A contract does not require any particular form (section 23 of the Contracts (General Part) Law, 5733-1973 (חוק החוזים (חלק כללי))), but without a signature it is much harder to prove that the other party agreed to the terms. A definition that is too broad (“any information related to the business”) makes the agreement harder to enforce, because it is hard to determine what exactly was breached, and information that does not meet the definition of a “trade secret” in section 5 of the Commercial Torts Law, 5759-1999, is not protected by the Law. The more specific the definition, the stronger the protection.

Question 28

What does the European AI law (EU AI Act) require of Israeli companies?

Accepted Answer

The European AI Act (Regulation (EU) 2024/1689) entered into force in 2024 and also applies to companies outside the EU, including Israeli ones, that develop, sell or operate AI for European customers. “High-risk” systems, including AI in recruitment, credit, health and law, are subject, according to the application dates in the regulation, to duties of comprehensive documentation, risk assessment and human oversight.

Question 29

How, and to whom, must an employer give notice before installing cameras in the workplace?

Accepted Answer

An employer who wants to install cameras in the workplace must notify the employees in advance, clearly and explicitly. Under Privacy Protection Authority guideline 5/2017, the employer must set a clear and detailed policy on how the cameras are used, its scope and its purposes, as far as possible after consulting the employees or their representatives, and display it permanently for their information.

Question 30

Do the data security and privacy rules apply to a government ministry in the same way as to a private body?

Accepted Answer

Government facilities and public authorities (public bodies), such as a government ministry, a public hospital or a local authority, are subject to the Protection of Privacy Law, 5741-1981, and to the Protection of Privacy Regulations (Data Security), 5777-2017, which require, among other things, managing access permissions and controlling and documenting access to the database (regulations 8 and 10). Beyond that, the transfer of personal information by a public body, including a video, is prohibited as a rule, except with the consent of the person filmed, when the information was published lawfully, or under the exceptions in section 23C of the Law (section 23B).

Question 31

When may the police collect biometric data without consent?

Accepted Answer

There are legal exceptions that allow enforcement authorities to collect biometric data without prior consent, but always under defined conditions. For example, in the investigation of offenses: a police officer is authorized to take fingerprints and other means of identification from a suspect questioned under caution, from a defendant and from a convicted person, and to include the identification data in the police database (sections 11B and 11M of the Criminal Procedure (Enforcement Powers – Body Search and Taking of Means of Identification) Law, 5756-1996 (חוק סדר הדין הפלילי (סמכויות אכיפה – חיפוש בגוף ונטילת אמצעי זיהוי), התשנ״ו-1996)).

Question 32

Where may security cameras be placed in the workplace, and where not?

Accepted Answer

The Privacy Protection Authority has set clear limits on the use of security cameras in the work environment. Filming in toilets and changing rooms is a serious invasion that it is hard to imagine any interest justifying, and even in a room or a workstation that is not open to the public, the employee may expect a private space without constant monitoring (Authority guideline 5/2017).

Question 33

What happens if footage from security cameras was leaked or used without authorization?

Accepted Answer

If CCTV videos were leaked or distributed without consent, to social media, to third parties, or unlawfully to authorities, the owner of the system and whoever caused the leak may be liable under the Protection of Privacy Law and the Torts Ordinance [New Version]. The person filmed is entitled to sue for “invasion of privacy” under section 4 of the Law, to which the provisions of the Torts Ordinance apply; and if the publication may humiliate or degrade, there may also be a cause of action under the Prohibition of Defamation Law, 5725-1965 (חוק איסור לשון הרע, התשכ״ה-1965).

Question 34

What is needed for consent to the use of data to count as informed consent?

Accepted Answer

The consent must be given in advance, explicit and understandable: not a checkbox ticked by default, not “using the site constitutes consent”, and not small print at the bottom of a page. The recipient must know exactly from whom they will receive marketing and about what. Keeping a record of the consent is essential: someone who stores a mailing list and cannot prove when and how they obtained consent is exposed. There is an exception for businesses that already have an existing commercial relationship with the customer: someone who bought a product from a business may receive marketing about similar products from the same business, but only if they were given a clear option to opt out at the time of purchase, and only for similar product categories. The exception is limited and must not be exploited for sweeping mailing lists.

Question 35

What is the limitation period for an intellectual property claim, and what happens if you don't use your trademark?

Accepted Answer

Intellectual property claims become time-barred, so do not miss the deadline: • Copyright: the limitation period is 7 years (section 5 of the Prescription Law, 5718-1958 (חוק ההתיישנות)), and it starts on the day the cause of action arose, as a rule the day of the infringement (section 6); only when the facts were hidden from the plaintiff for reasons beyond their control does it start on the day they learned of them (section 8). • Trademarks: the general limitation period of 7 years also applies to a claim for trademark infringement, and in addition a long delay in filing the claim may serve as a defense argument for the defendant. It is advisable to act soon after discovering the infringement. • Cancellation of an unused trademark: any interested person may ask the Registrar of Trademarks to cancel the registration of the mark for goods for which it was not used in good faith in the three years before the cancellation request (section 41 of the Trade Marks Ordinance [New Version], 5732-1972), unless the non-use resulted from special circumstances in trade. “Register and forget” is not a strategy: keep the trademark in active use.

Question 36

What is the law in Israel on liability for damage caused by an artificial intelligence (AI) system?

Accepted Answer

In Israel, the law in practice relies on the law of torts and negligence. There is no specific legislation on AI, and the courts will base their rulings on the existing frameworks until the legislature steps in.

Question 37

Why does a platform remove a post, and what can you do about a wrongful removal?

Accepted Answer

You uploaded a photo, a post or a video, and suddenly it disappeared. No warning. No explanation. Or worse: you received a notice that you broke the “community standards”, but it is not clear what exactly you did. Content moderation, meaning the decision of platforms such as Facebook, TikTok, YouTube and Instagram on what to remove and what to leave, works in three ways: automatic algorithms (which are often wrong), human moderators (who are overloaded and may make mistakes), and complaints from other users. Each method can get it wrong. And when it does, who is responsible?

Question 38

How does a defamation lawsuit proceed in an Israeli court?

Accepted Answer

Israeli courts balance two values: a person's right to dignity and a good name (reputation) on the one hand, and freedom of expression on the other. In defamation disputes involving public figures, the courts extend the protection of freedom of expression: the public is entitled to know and to criticize. Where a private person is concerned, the protection of their dignity is stronger. Many disputes end in a settlement, sometimes even before the first hearing. The defendant removes the publication and apologizes, and the plaintiff gives up the monetary remedy. The court encourages a quick solution when the damage is limited and can be put right.

Question 39

Libel and slander: what is the difference?

Accepted Answer

In American law and British law there is an important difference: libel is written defamation (text, image, publication), and slander is oral defamation (a statement, a rumor). The difference matters because libel is considered more serious: it lasts over time, spreads easily, and is easier to prove. In Israel, the Prohibition of Defamation Law (1965) does not make this distinction: it prohibits any “matter whose publication may humiliate a person in the eyes of others, or make them a target of hatred, contempt or ridicule on their part”. This covers both written and oral publication.

Question 40

What is the limitation period for a defamation claim?

Accepted Answer

The Prohibition of Defamation Law does not set a limitation period of its own. Publishing defamation is a civil wrong under section 7 of the Law, to which the provisions of the Torts Ordinance [New Version] apply, so the general limitation period applies: seven years under section 5(1) of the Prescription Law, 5718-1958, from the day the cause of action arose (section 6). When the facts that make up the cause of action were hidden from the plaintiff for reasons beyond their control, section 8 moves the start of the period to the day they learned of them. Even so, the more time passes, the harder it is to preserve evidence and to show urgency in a request for interim relief.

Question 41

What compensation can you get in a defamation claim in Israel?

Accepted Answer

The Prohibition of Defamation Law (section 7A) allows compensation without proof of damage. The Law states NIS 50,000 per publication, but this is a base amount: section 7A(e) links it to the consumer price index, with the September 1998 index as its base, and updates it on the 16th of each month, so the cap in force in the update of 16 October 2026 is NIS 84,038.36. If there is proven damage, you can also claim for it. Publication with intent to harm allows compensation of up to double the amount. The statutory cap is a ceiling, not a tariff, and the court sets the amount according to how widely the publication spread, how serious the allegation was and the publisher's conduct.

Question 42

Does deleting the post cancel the defamation claim?

Accepted Answer

No. The publication has already been made, and the cause of action arose the moment it reached one person other than the injured party. However, section 19 of the Prohibition of Defamation Law allows the court to take into account, in the defendant's favor, that they apologized, corrected or denied the statement, provided that the apology was published “in the place, to the extent and in the manner in which the defamation was published, and was not qualified”. A private apology in a personal message does not meet this condition.

Question 43

What counts as publication under the Prohibition of Defamation Law?

Accepted Answer

Publication is any communication of information to a person who is not the injured party, so even a statement to one single person can be defamation. A post on social media, a Google review, an email to a colleague, a WhatsApp message to a group: all of these are “publication” for the purposes of the Law. The courts have also dealt with the question whether “sharing” harmful content is publication, and the case law on this continues to develop.

Question 44

Who has the burden of proof in a defamation claim?

Accepted Answer

Section 16 creates two presumptions. Under 16(a), a defendant who proved that they published in one of the circumstances in section 15 and that the publication did not go beyond what is reasonable is presumed to have acted in good faith. Under 16(b), they are presumed to have acted not in good faith if what was published was not true and they did not believe it was true, or did not take reasonable steps to find out whether it was true.

Question 45

What can you do when the person who published defamation or cyberbullying is an anonymous user?

Accepted Answer

You combine routes: a request to the platform to remove the content, and a complaint to the police, which has powers to trace the person. A request in a civil proceeding to order a provider to disclose the user's identity (unmasking) is limited: in LCA (application for leave to appeal) 4447/07 Mor v. Barak I.T.C., the Supreme Court held that without a statutory arrangement there is no power to order this. The order of steps matters: contacting the platform early may lead to the account being deleted and the traces disappearing, so it is advisable to document first and to get advice before you act.

Question 46

What enforcement powers does an administrative authority have in Israel?

Accepted Answer

Administrative bodies in Israel have powers to impose fines and to issue closure and demolition orders without a court order, but only under authority given by law, and subject to the procedural duties the law sets. When the body breaches them, the order may be canceled.

Question 47

What does it mean legally that Israel has no constitution?

Accepted Answer

Without a constitution, the Knesset (Israel's parliament) can, in theory, enact any law it wants. What limits it are the Basic Laws, and in particular Basic Law: Human Dignity and Liberty, and Basic Law: Freedom of Occupation.

Question 48

What is an administrative fine, and who has the power to impose it?

Accepted Answer

An administrative fine is not a criminal sentence: it is imposed for an “administrative offense” set in regulations under the Administrative Offenses Law, 5746-1985 (חוק העבירות המינהליות, התשמ״ו-1985) (section 1), without a criminal conviction and without a court. Administrative fines are imposed only for offenses set in regulations under the laws listed in the First Schedule to the Administrative Offenses Law, which include, for example, the Consumer Protection Law, the Minimum Wage Law, 5747-1987, the Foreign Workers Law, 5751-1991 (חוק עובדים זרים) and the Planning and Building Law, 5725-1965 (חוק התכנון והבנייה), by an inspector or a registrar appointed for this (sections 1, 5 and 6).

Question 49

What information may a public authority refuse to give under the Freedom of Information Law, 5758-1998?

Accepted Answer

The Law lists defined exceptions. There is information that the authority may not give, for example information whose disclosure may harm state security, or whose disclosure would be an invasion of privacy (section 9(a)), and there is information it does not have to give, such as information on the working methods and procedures of an enforcement authority whose disclosure may harm investigations or legal proceedings, or a third party's trade secret (section 9(b)). But, and this rule is important, every refusal, full or partial, is given in a written notice that sets out its reasons and informs you of the right to petition (section 7(f)). A common argument by authorities is that handling the request “would require an unreasonable allocation of resources”. This is a ground in the Law itself (section 8(1)), but it is assessed according to the circumstances of the specific request: not every request that requires work meets it, and the refusal must give reasons (section 7(f)).

Question 50

A petition to the High Court of Justice (HCJ): when and how?

Accepted Answer

The Supreme Court, sitting as the High Court of Justice (HCJ), hears petitions against authorities and public bodies in matters that are not within the jurisdiction of another court (section 15(c)–(d) of Basic Law: The Judiciary); petitions on matters listed in the First Schedule to the Administrative Courts Law, 5760-2000 (חוק בתי משפט לענינים מינהליים), for example freedom of information and business licensing, are filed with the Court for Administrative Affairs. Any person harmed by a decision of a public body (a local authority, a government ministry, a prison, a recognized public body) can petition.

Question 51

What may state authorities know about a person under the Protection of Privacy Law?

Accepted Answer

The right to privacy is protected both in Basic Law: Human Dignity and Liberty and in the Protection of Privacy Law, 5741-1981. A special arrangement was set for public bodies: the transfer of personal information by a public body is prohibited, except with consent or under the exceptions in the Law (sections 23B–23C).

Question 52

How do you submit a freedom of information request to a public authority?

Accepted Answer

The request is submitted in writing directly to the freedom of information officer at the relevant authority. Every public authority must appoint such an officer (section 3). The request should set out the information requested clearly: not “all the documents”, but a specific document, a specific subject, a specific period. The more focused the request, the better the chance of a quick and complete answer. The authority must reply within 30 days. If necessary, the head of the authority or someone they authorized may extend the deadline by another 30 days, by a written notice with reasons (section 7(b)), and for extensive or complex information, by a further extension of up to 60 days, in a decision with reasons (section 7(c)). Failure to reply on time counts as “no decision”, and you can petition against it to the Court for Administrative Affairs.

Question 53

How strongly is freedom of expression protected under Israeli law?

Accepted Answer

Freedom of expression is not written explicitly in a Basic Law, but the Supreme Court has held that freedom of political expression is part of the constitutional right to human dignity (HCJ 10203/03 HaMifkad HaLeumi Ltd. v. Attorney General, IsrSC 62(4) 715). Expression that poses a real danger to state security, incitement to violence, or defamation is restricted.

Question 54

What counts as “public resources” under the ban on election propaganda?

Accepted Answer

Section 2A applies to funds and to tangible or intangible assets of an audited body under paragraphs (1), (2), (3), (4) and (9) of section 9 of the State Comptroller Law, 5718-1958 [Consolidated Version] (חוק מבקר המדינה), or of a corporation in whose management or capital the government or a local authority participates, and also to land and movable property actually held by them. In the 2026 decisions it was held, or applied, that a minister's office in a government ministry, a room on the government floor of the Prime Minister's Office, official ministry accounts and the state emblem are public resources, whereas the title “minister”, the state flag and an office in the Knesset building are not. Since Amendment No. 42 (16 July 2026), “filming as such” in a minister's office has been excluded from the prohibition (section 2A(2)).

Question 55

How is international commercial arbitration different from arbitration in Israel?

Accepted Answer

The main difference is the applicable law: international arbitration in a commercial matter seated in Israel, in a proceeding that began on or after 14 February 2024, is governed by the International Commercial Arbitration Law, 5784-2024 (חוק הבוררות המסחרית הבין-לאומית, התשפ״ד-2024), which is based on the UNCITRAL Model Law, and not by the Arbitration Law, 5728-1968 (חוק הבוררות, התשכ״ח-1968) (sections 3 and 48 of the new Law). Arbitration is international, for example, when the parties' places of business are in different jurisdictions (section 3(c)).

Question 56

Who is responsible for money stolen in a phishing scam: the bank, the customer or the platform?

Accepted Answer

The rule in the Payment Services Law, 5779-2019 (חוק שירותי תשלום, התשע״ט-2019), is not a negligence test: for misuse that took place before you notified the bank or the credit card company, you are liable at most for a limited amount, NIS 75 plus NIS 30 for each day from the time you found out until the notice, and no more than NIS 450 if you gave notice within 30 days of the first use (section 24(c)); and for use after the notice you are not liable at all (section 24(b)). The limit does not apply if you made the essential component of the payment instrument available to another person, subject to the exceptions in section 24(d), or if you acted fraudulently (section 26). If the bank believes that one of the exceptions applies, it may charge you again only after a written notice with reasons, as a rule at least 15 days before the charge (section 27(b)), and in a dispute about this the court decides.

Question 57

Is a business liable when its employee transferred money because of a fake email?

Accepted Answer

An employer that did not train its employees, did not put verification procedures in place, and did not prohibit large transfers without double approval may face a claim of contributory fault if it sues the bank or another party, and then the compensation awarded to it will be reduced according to its share of responsibility for the damage (section 68 of the Torts Ordinance). Toward third parties, an employer is liable for an act that its employee did in the course of their work (section 13 of the Ordinance).

Question 58

When is a payment platform responsible for a charge that was reversed, and not only the credit card company?

Accepted Answer

As a rule, the credit card company returns the money to you (section 27 of the Payment Services Law), and sometimes collects it from the business that received the payment, but not when strong authentication was used in the transaction, or when such authentication was not possible or not allowed for the business (section 32(a)). If the platform did not meet its duties and this caused you damage, you may have a direct cause of action against it under tort law, alongside your rights against the issuer of the payment instrument; this question is assessed according to the circumstances of the case.

Question 59

How do you spot an attempted payment fraud before the money goes out?

Accepted Answer

The signs that call for stopping and checking: artificial urgency, “it has to be today”, “don't talk to anyone else”, “this is confidential”. The golden rule: any payment instruction above an amount you set in advance (for example NIS 10,000) needs voice verification: a phone call to a number you know, not calling the number that appeared in the message.

Question 60

What is commercial mediation, and how is it different from arbitration?

Accepted Answer

Commercial mediation is a process in which a neutral third party, the mediator, helps the parties reach a voluntary agreement. Note the critical difference: the mediator does not decide. The mediator is not a judge and not an arbitrator. Their role is to run the conversation, find out what each side really needs, and help you find a middle ground you can live with. When mediation succeeds, both sides leave with an agreement they chose, not a judgment imposed on them.

Question 61

What duties does Israeli law place on fintech platforms and businesses that accept online payments?

Accepted Answer

Businesses that accept payments online (shops, fintech, apps) are subject to duties that protect you as consumers, some of them only if they are regulated financial bodies: • Identity verification (KYC): financial bodies that have duties under section 7 of the Prohibition on Money Laundering Law, 5760-2000 (חוק איסור הלבנת הון, התש״ס-2000), namely banking corporations and the bodies in the Third Schedule to the Law, including payment companies, must identify their service recipients under the order that applies to them. • Data security: under section 17 of the Protection of Privacy Law, 5741-1981, the controller of a database and its holder are responsible for the security of the information in it, and the Protection of Privacy Regulations (Data Security), 5777-2017, set the scope of the duty.

Question 62

When is it better to choose arbitration over court proceedings?

Accepted Answer

• International disputes: because the parties choose the place of arbitration and the arbitrators, instead of litigating in a foreign court. • When the parties want confidentiality: arbitration is private.

Question 63

What is commercial arbitration?

Accepted Answer

Commercial arbitration is an alternative way to resolve business disputes outside court. In Israel, commercial arbitration is governed by the Arbitration Law, 5728-1968, and international arbitration in a commercial matter seated in Israel, in a proceeding that began on or after 14 February 2024, by the International Commercial Arbitration Law, 5784-2024.