Communications (Telecommunications and Broadcasting) Law: the sections discussed on the site

Related service: A claim against a telecom company

What the law provides

Section 30 of the Communications (Telecommunications and Broadcasting) Law makes it a criminal offense to use a telecommunications facility (today including a mobile phone, a computer, a tablet, email, WhatsApp, text messages and other communication apps, not only phone lines) in a way that is likely to unlawfully hurt, frighten, harass, cause anxiety or annoy. The maximum penalty set in the section is 3 years’ imprisonment, but the actual penalty depends on the seriousness of the case and its circumstances. To convict, it must be proven not only that the conduct took place (repeated contact, for example), but also a mental element: awareness of the nature of the act and its circumstances (sections 19–20 of the Penal Law, 5737-1977 (חוק העונשין, התשל״ז-1977)).

Section 30A of the Law, known as the “Spam Law”, sets a rule of prior express consent (opt-in): an advertiser may not send an advertising message by email, fax, text message or recorded call unless it has received in advance the recipient’s express consent in writing (including in an electronic message). There is a limited exception for an “existing customer”: if the recipient gave their details to the advertiser during a purchase or negotiations for a purchase, the advertiser told them that their details would be used for direct mailing of advertising, gave them an opportunity to say that they refuse to receive advertising messages and they did not do so, and the message concerns a product or service of a type similar to the one purchased, an advertising message may be sent even without further express consent. Every advertising message must state expressly that it is an “advertisement” (at the start of the message, and in email, in the subject line), include the advertiser’s details and a way to contact them, and set out a simple and reasonable way to withdraw consent to further mailings.

The compensation set by law

When an advertising message was sent knowingly in breach of section 30A (and it is presumed to have been sent that way, unless the advertiser proves otherwise), the court may award the recipient exemplary damages (statutory damages) of up to NIS 1,000 for each advertising message, without having to prove damage (section 30A(j)). In setting the amount, the court weighs, among other things, enforcement and deterrence, encouraging the recipient to exercise their rights and the scope of the breach, and not the amount of the damage.

A numerical example

Suppose a company sent 3 advertising emails to a customer who had not given express consent and was not its existing customer, and in addition did not include a proper unsubscribe mechanism in the messages. The customer can file a claim under section 30A for each of the three messages separately, with a cap of up to NIS 1,000 per message, a total of up to NIS 3,000, without proving any financial damage. If the company sent similar messages to 500 other customers in the same way, a class action can be considered (item 12 of the Second Schedule to the Class Actions Law, 5766-2006), but in a class action the court does not award exemplary damages (section 20(e) of the Class Actions Law).

For more on the legal aspects of digital communication and online harassment, see the guides Cyberbullying: what the law allows you to do against those who harm you, Direct mailing and advertising: two laws, two duties and The Spam Law: electronic marketing and consent requirements, and the content hub on digital commerce.

The sections the site discusses

This page brings together 2 sections of the Communications (Telecommunications and Broadcasting) Law that are discussed in 6 guides on this site. The title of each section is the marginal note of the consolidated version of the Law (unofficial translation), not a heading we wrote. For the legal content itself, turn to the relevant guide or to the text of the Law in the original. The last column links to the guides on this site that discuss that section.

The original text of the law

• Communications (Telecommunications and Broadcasting) Law, 5742-1982: text of the Law
• Class Actions Law, 5766-2006 — section 20(e) and item 12 of the Second Schedule (Wikisource)
• Communications (Telecommunications and Broadcasting) Law: consolidated version on Nevo (Israeli legal database)

FAQ

What is the definition of “harassment by means of a telecommunications facility” under section 30?
The section applies to the use of any means of communication (telephone, computer, tablet, email, WhatsApp, text message and more) in a way that is likely to unlawfully hurt, frighten, harass, cause anxiety or annoy. A mental element must also be proven: awareness of the nature of the act and its circumstances (sections 19–20 of the Penal Law), and not only that the person called or sent messages again and again.

A company sends me advertising messages without my consent. Is that legal?
No, unless you count as its “existing customer” who gave their details during a purchase, was told that their details would be used for advertising, and was given an opportunity to say that they refuse to receive advertising messages and did not do so. In any other case, section 30A requires prior express consent in writing.

How much compensation can you get for an advertising message sent in breach of the law?
The court may award exemplary damages of up to NIS 1,000 for each advertising message sent knowingly in breach of the law (and the advertiser is presumed to have acted knowingly), without having to prove damage (section 30A(j)). If several prohibited messages were sent, you can claim for each of them; in setting the amount, the court weighs, among other things, enforcement and deterrence, encouraging the recipient to exercise their rights and the scope of the breach.

What must every advertising message sent in line with the law state?
Under section 30A, the message must state expressly that it is an “advertisement” (at the start of the message or in the email subject line), include the advertiser’s details and a way to contact them, and set out a simple and reasonable way to withdraw consent to receiving further messages.

Does the Spam Law also apply to phone calls?
Only to some of them. Section 30A(b) applies to an advertising message sent by fax, by an automatic dialing system, by an electronic message or by a short text message. A call in which a recorded voice message is played through an automatic dialing system is included; without prior express consent, even such a call that was cut off before it was answered breaches the section, if calling the number back plays an advertising message to the recipient. A call by a human agent is not one of the ways listed in the section, but the Minister may set additional ways (section 30A(l)), and other provisions of law may apply to it.

This page collects the references to legislation on the site. The section headings are the marginal notes as worded in the consolidated text of the law, and are not our interpretation. The binding text is the one published in Sefer HaHukim (the official gazette of statutes). The content here is general information and is not legal advice. Translated: 12 November 2026 · Hebrew version updated: 13 October 2026.