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Opinion Limit Facebook? Not in court Israel today

2022-08-14T06:28:02.812Z


Social networks have enriched the human experience, but caused damage such as depression, a sense of isolation and alienation. The business model enshrines user engagement at any cost


Some of us may not know, but in order to activate a page on Facebook, we must accept the site's terms of use, known as the "community rules".

Facebook has stipulated in its community rules that a dispute between it and a user will be judged according to California law, which may be considered an unfair term.

In legal parlance, a condition that creates an unfair advantage, certainly between a large player and a smaller player, is a disadvantageous condition that can be disqualified.

In the past, in the Ben Hamo case, the Supreme Court ruled that in a class action against Facebook, the validity of the stipulation must be recognized and the claim heard in Israel, but according to the prevailing law in California.

The court's reasoning was that even though Facebook is significantly stronger compared to its users - when it comes to a class action by a group of plaintiffs, the differences are reduced.

This decision has led the judicial line in recent years, until the recent Troy Miller case, just before Operation Dawn.

This time, the Supreme Court decided not to give priority to the foreign law provision established by Facebook, because a commercial claim by one party is different from a class action situation in terms of the plaintiff's power.

This decision restores power to Israeli surfers, but leaves us with the question - to what extent is the court the appropriate entity to create certainty among the public and the content platforms?

Admittedly, the court is an important tool to promote justice for a plaintiff, or a group of plaintiffs, before it.

And yet, his ability to dictate future market behavior is limited.

The reason for this is that it is difficult to predict how the "market" will interpret the latest decision, and it is not even possible to know in advance how lower courts, the first party a potential claimant turns to, will act in the future.

A correct way to create certainty, and promote freedom of expression, is through legislative regulation.

It is true that social networks have given new opportunities and enriched the human experience, but in the same breath they have caused damage such as depression, a sense of isolation and alienation.

The business model of social networks sanctifies user involvement at any cost, and often leads to deepening social polarization and harming privacy.

In recent years, many countries have taken back ownership of the virtual space that affects their citizens, and the State of Israel cannot be left behind.

More than 90 percent of young Israelis maintain at least one profile on social networks.

Hence these are issues that affect us all alike.

The legislator must establish an online space, where Israeli citizens equally enjoy the right to wide access to the web in a manner consistent with a thriving culture of freedom of expression, in a safe environment where their privacy is preserved and which provides an opportunity to develop an entrepreneurial and innovative economy.

Smart regulation will create a sense of responsibility among content platforms, empower Israeli users and increase their confidence in the state's ability to create a safe surfing environment.

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Source: israelhayom

All news articles on 2022-08-14

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