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Protection Gaps in Public Law Governing Cyberspace: Israel's High Court's Decision on Government-Initiated Takedown Requests


Protection Gaps in Public Law Governing Cyberspace: Israel’s High Court’s Decision on Government-Initiated Takedown Requests
Introduction
On April 12, the Israeli High Court of Justice issued a decision rejecting a challenge by two Israeli nongovernmental organizations Adalah and the Association for Civil Rights in Israel to the legality of the practice by the Cyber Unit in the State Attorney’s Office of requesting online platforms to take down unlawful content. The court held, however, that the practice in question, which is both prevalent and regulated by internal procedures, is a government act that must be based on a general or specific authorizing statute. Furthermore, it held that government-initiated takedown requests might infringe on basic constitutional rights, including the freedom of expression, and that, were such infringements proved, the practice would have been deemed unlawful without an explicit legislative mandate. Still, in the particular circumsta ....

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