The Facebook Law: State Can Remove Dangerous Content

Minister of Justice Ayelet Shaked and Minister for Internal Security Gilad Erdan circulated a summary of the so-called Facebook Law on Tuesday. According to the bill, the Court for Administrative Procedures will be allowed to order Internet companies such as Facebook or Google to remove material considered illegal which comprises a real danger to a particular person, the public, or the country’s security at the request of the State.

According to the summary, although it would be preferable to hold a dialogue between the sides, the Court will be permitted to issue such directives without consultation with the offending party, according to the procedures delineated in the law. The State will also be permitted to ask the Court to reveal secret material without the presence of the provider and without revealing to them the nature of this secret material. In addition, the Court will not be subject to the laws of evidence and will be permitted to accept evidence even if such is not admissible in court. Following issuance of such directives, an announcement of removal of the material will be published on the Ministry of Justice Internet site.

The new law will not replace any criminal charges, and is not a substitute for them. As opposed to the criminal law aimed at the publicizer of the material and the penalty for someone who has broken the law by such publication, the proposed bill is meant to provide a more efficient and quick way to deal with the objectionable material itself in order to reduce its dangers.

Ministers Shaked and Erdan met of late with high-ranking personnel in Facebook to discuss criminal issues, especially the use of Facebook to encourage terrorist activity. The ministers emphasized the direct connection between incitement on Facebook and the recent wave of terrorist activity called “Terror of the Individual.”

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