Amendment to the “Anti-Spam Law”

The Knesset recently enacted a new amendment to Israel’s anti-spam law. The amendment relates to the existing prohibition on the transmission of advertisements via facsimile, computerized autodialer (“robocall”), email, or SMS without the addressee “opting in” by expressing prior written consent. The amendment now includes a prohibition on any advertisement disseminated to the public at large that asks for a contribution or that constitutes non-commercial propaganda.

What Is Not Considered Spam?

However, the above prohibition shall not apply to requests for “contributions” within the realm of political contributions for the purpose of contending in primaries pursuant to the Political Parties Law. This includes for elections to the Knesset and in elections to head a local authority or as part of a list of candidates for a local authority. The prohibition shall not apply to the dissemination of “propaganda” containing political messages, including election propaganda. However, it shall apply to the dissemination of interviews that seek to influence positions or behavior.

The legislative amendment also prescribes that “advertisements” sent solely via email by non-profit organizations or public benefit companies for the purpose of requesting contributions or disseminating non-commercial messages shall not constitute violations of the anti-spam law. This is provided the addressee has not refused to accept such advertisements in one of the ways prescribed by the law.

This means non-profit organizations and public benefit companies may now send emails requesting contributions or disseminating non-commercial propaganda. This applies even without receiving prior consent, as long as the addressee has not instructed these organizations it is opting out and does not wish to receive such emails. As stated, this is possible solely via email and not via other means of communications specified in the law (fax, SMS, and robocalls).

What about Robocalls?

As for robocalls (which now also include “propaganda” and requests for contributions), the legislative amendment adds that, if the advertisement is via robocall, the advertiser must advise recipients at the beginning of the call that they may ask to remove their names from the advertiser’s distribution list. In addition, the advertiser must immediately enable recipients to also unsubscribe themselves by pressing a character on their phone.

Source: barlaw.co.il