Federation of Israeli Chambers of Commerce general manager Yechezkel Daskal opposes an amendment to the Communications Law under which people can sue for up to NIS 1,000 in compensation for being sent spam, without the need to prove damages. Daskal today spoke with Ministry of Communications director general Mordechay Mordechay on behalf of the Chambers of Commerce direct marketing division, in which dozens of direct marketing companies are members.
Daskal said, “In general, the division supports restrictions on unwanted commercial messages that are a burden on consumers, but it fears that the language of the amendment, as proposed at the moment, will lead to the collapse of an entire and legitimate business sector.”
The ministerial committee for legislation has approved the amendment, which permits any person to sue an advertiser for harassment, even if no damage is proved. The fine for sending junk mail will be NIS 1,000 for sending spam by SMS or e-mail. Minister of Communications Ariel Atias initiated the amendment.
Daskal denied the allegation that laws requiring the removal of consumer’s names from databases at their request were not being implemented. He said that direct marketing companies had no interest in investing in direct mailing to customers who did not want it. He said that restricting spam would actually harm consumers. “Those purporting to defend the consumer should take into account that imposing too high obligations on a business will adversely affect its commercial and financial calculations, and is liable to harm the free market and freedom of competition, harm that will first and foremost affect the consumer,” he said.
The Chambers of Commerce criticized the likely criminal record made of a businessperson who violates the law. It says that it is unreasonable that a mailer bear a criminal record for “an innocent mistake” and that businesspeople be needlessly criminalized.
Published by Globes [online], Israel business news - www.globes.co.il - on January 17, 2007
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