A new anti-spam law went into effect in Israel last week and according to multiple reports it is one of the strictest in the world.
However, the law is apparently badly written, Magilla can’t read Hebrew and there are conflicting reports on some of the details, so mailers who send to Israel or have a presence there should consult their lawyers.
One point on which all the reports agree is that Israel’s new law is opt-in based, meaning a mailer must get permission before sending any e-mail.
The U.S. Can Spam Act is opt-out based, meaning marketers can legally e-mail people until they ask to be removed from future mailings. Industry best practice, however, is opt in.
According to some reports, permission under the new Israeli law can be requested in writing, by e-mail or by recorded conversation.
Several reports say the law applies to any e-mail whose aim is to get recipients to pay money, including requests for charitable donations and commercial e-mail. At least one report said it applies to even single e-mails from one individual to another.
All the reports seem to agree that the law gives individuals the right to sue and does not require proof of actual damages. However, there are conflicting reports on the amount individuals can recover.
Commercial messages sent to address-holders in Israel must now reportedly contain an e-mail address through which recipients can opt out of future mailings. They also must reportedly be labeled as “advertisements” and include the advertiser’s name and address at the top of the message.
