violated their “user rules” in regard to publication, or not to take any action. Occasionally,
according to the 2015 Summary, the report leads the internet platform operators to suspend or
remove the user who published the prohibited expression that was the subject of the report.
10.
The present petition concerns the initiating of the said referrals by the Cyber Department
to the internet platform operators in regard to alleged offenses of the aforesaid types that are
perpetrated on the net. As noted in the Respondents’ preliminary response and detailed in the Work
Procedure that regulate its activities, the Cyber Department periodically receives various requests
regarding publications disseminated on the internet from various governmental sources (most of
the requests come from security agencies). In accordance with he Work Procedure, upon receiving
the request, a preliminary examination is conducted in regard to the existence of a prima facie
offence in the publication. The examiner sends its recommendation for further action, and the
matter is re-examined by a designated attorney in the Department. Pursuant to the Work Procedure,
in appropriate cases, the decision on the request is sent for the personal approval of the
Department’s director when the request concerns a publication that relates to senior civil servants,
including employees of the Ministry of Justice and judges, or when there are doubts as to the
lawfulness of the publication, or where the publication raises some other material question.
Additionally, when the matter falls within a departmental area of responsibility and raises a
question of interpretation, the Cyber Department consults with that department. In addition to the
above, prior approval by the State Attorney is required on the following matters: taking action in
regard to a publication concerning an elected official, requests in regard to content that relates to
or is directed at particularly senior public servants, or in precedent setting cases or case that would
involve the expansion of the activities of the Cyber Department.
The above enforcement mechanism is referred to above and hereinafter as the voluntary
enforcement mechanism. It is additional to the statutory enforcement mechanism, and in general
(in the appropriate cases established in the Law) precedes it and renders it superfluous when results
are achieved.
11.
In accordance with the Work Procedure, the Cyber Department considers a request to the
internet platform operators only when three cumulative conditions are met:
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