"Responsible for the media", in the newspaper - the publisher, and in radio and television broadcasts - the person responsible for their existence"
(My emphases - R.A.).
- In other words, the Prohibition of Defamation Law did not adapt to the island of Idna, and did not stipulate that a platform operating in cyberspace constitutes a "means of communication." The law limits itself to imposing "second circle" liability only on classic newspaper, radio and television platforms. Therefore, from a linguistic point of view, it is not possible to impose the same responsibility on platforms that operate only in the virtual space, such as Google and Meta, with the same responsibility that can be imposed on the classic platforms. In this regard, see: Civil Appeal 1726/21 Bakri v. Maganji [Nevo] (2022), at paragraph 59.
Therefore, I believe that Google or Meta cannot be held liable by virtue of this extension.
- A second expansion of liability in accordance with the Prohibition of Defamation Law is done by virtue of the general law, in accordance with Section 7 of the Prohibition of Defamation Law, which states that the publication of defamation is a civil tort subject to certain provisions inthe Torts Ordinance [New Version].
Therefore, the direct advertiser may be jointly liable for the wrongdoers, including the shareholder himself, the aider, the commandant, the seducer, the authorizer and the author of the relevant act, in accordance with section 12 of the Torts Ordinance , which states:
"For the purposes of this Ordinance, a person who participates in himself, assists, advises or induces an act or omission that has been done or is about to be done by another, or commands, authorizes or ratifies them, shall be liable to them."
In this regard, see Shenhar at p. 96, the Bakri case at paragraph 59, as well as Civil Appeal 2362/19 Anonymous v. Palestinian Authority, para. 11 [Nevo] (2022) (hereinafter: "the PA Case"), where it is stated:
"The Ordinance therefore recognizes a series of actions that are carried out in connection with a tort, for which the perpetrator will be found to be responsible for them as much as the main wrongdoer is owed to them, and direct and personal liability will be imposed on him."