On December 1, 2008, a strict anti-spam law came into effect in Israel. The legislation, enacted as an amendment to the country’s Communications Law, prohibits the delivery of advertisements using mobile text messaging, email, fax or automatic dialing systems without first obtaining the recipient’s explicit written consent. The law contains several exceptions to the prior consent requirement. For example, advertisers may reach out to businesses to inquire whether they wish to receive marketing communications. Advertisers also may send unsolicited marketing communications to individuals with whom they have established a prior business relationship, but the recipients retain the right to opt out of receiving marketing communications in the future. The law also regulates the content of marketing communications. It requires advertisers to include in a commercial message the word “advertisement” and the advertiser’s name, address and contact information, including an email address that recipients may use to opt out. The law contains strong enforcement provisions. Recipients of unsolicited communications may sue advertisers to collect up to the equivalent of $250 for every unsolicited communication, without proving actual damages. Violators also may face criminal penalties and fines potentially exceeding the equivalent of $50,000.
