A.
The content constitutes a prima facie offense under Israeli law;
B.
The content violates the internet platform’s term of use and there are additional
considerations for reporting or referring it to the internet platform, such as: the actual
circulation of the publication, its severity, the date of publication, the “viral” potential of
the publication, or how the publication is likely to be interpreted by those who receive it.
C.
The balancing conducted by the Cyber Department between the values of freedom
of expression and access to information on the net as opposed to the values of the
constitutional right to privacy, dignity and the reputation of the subject of the publication,
as well as the public interest, justifies issuing the report so that the online platform operators
will consider whether to remove the publication rather than leave it on the net.
12.
It would be appropriate to note at this juncture that, as arises from the arguments of the
parties before us, the Work Procedures (some of which also concern enforcement actions under
the Prevention of Crimes Law) have not yet been published. I, therefore, find it appropriate to note,
already at this stage, that I believe it would be proper that the Work Procedures be brought to light
in the manner that, for example, the Attorney General’s Guidelines are published (with the
exception of those parts of the Procedures that concern state security or contacts between the
Department and security agencies). See: Dalit Ken-Dror Feldman & Niva Elkin-Koren,
Transparency in the Digital Environment: Governmental Removal of Illegal Speech via Online
Platforms, 25 HAMISHPAT 25, 42-43 (2020) (Hebrew) (hereinafter: Ken-Dror Fedman & ElkinKoren).
13.
In their preliminary response, the Respondents stated that the Cyber Department’s activity
in the framework of the voluntary enforcement mechanism primarily focuses on reports and
requests in regard to publications concerning the activities of terrorist organizations and incitement
to violence and terrorism (according to the statement, this represents some 99% of the reports
referred to the internet platform operators in 2018). The reports to the internet platform operators
in regard to such contents point out that such publications appearing on those platforms amount,
prima facie, to offenses of incitement and terror, identification with a terrorist organization, and
so forth, and would appear to violate the “community rules” of the platform. The Respondents
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