Legal Updates

Advertising on Facebook of a benefit to a particular audience does not constitute discrimination

January 24, 2021

The Segev Express restaurant in Rishon Letzion launched a Facebook campaign about a sale on the eve of the Russia v. Spain soccer World Cup, under which a women only table will win free cocktails. A group of men who did not receive the benefit claimed discrimination on the basis of gender.
The Supreme Court held that a person who has not been personally harmed by the publication of a discriminatory notice is not entitled to claim compensation without proof of actual damage. Even if in the case of discrimination it is not necessary to prove the extent of the damage, in the absence of damage there is no compensation and procedures to prevent discrimination may be carried out by bodies aimed at preventing discrimination. In addition, the ad that is advertised to an audience of women is a marketing strategy of attracting masses, lowering prices and increasing sales and not prohibited discrimination or exploitation or perpetuation of wrong stereotypes of women or men. In contrast, there may be discrimination against women in the case of sexist benefits which are given to women in restaurants and bars, but this is not the case here.