Legal Ramifications of Publishing Private WhatsApp Messages in Israel
Translated & summarized from Bizportal by baba
Publishing private WhatsApp messages in Israel is a criminal offense punishable by up to five years in prison and a civil offense with potential damages, according to the Privacy Protection Law. Even if the messages were obtained through negligence or illegally, their publication is considered a violation. However, such illegally obtained content might still be admissible in criminal investigations if the public interest outweighs the privacy concerns, a principle that differs from the US "fruit of the poisonous tree" doctrine. Yonatan Urich, whose messages are discussed, was previously involved in a Supreme Court ruling on phone searches.
The story in 5 lines · by baba
- Publishing private WhatsApp messages in Israel is a criminal offense with up to five years imprisonment.
- Civil damages for publishing private messages can reach 80,000 shekels without proven harm.
- Israeli law may allow the use of illegally obtained evidence in criminal probes.
- Public interest can potentially override privacy concerns for using illicitly obtained message content.
- Yonatan Urich's case may set a precedent for using illegally obtained digital content.
The publication of private WhatsApp conversations, such as those belonging to Yonatan Urich, raises significant legal questions in Israel, primarily concerning privacy violations. While the content may be of journalistic interest, its dissemination through media outlets is restricted by the Privacy Protection Law. This law defines privacy infringement to include copying or using the content of private correspondence, such as electronic messages, without consent, especially if obtained illicitly. Publishing such content is considered a criminal offense, punishable by up to five years in prison, and also constitutes a civil offense, potentially leading to damages of up to 80,000 shekels without proof of harm, or up to 160,000 shekels if intent to harm is proven.
Even if Urich was negligent in securing his phone, the act of publishing the messages themselves constitutes the illegal privacy violation. The law focuses on the act of publication, regardless of how the information was initially obtained. Therefore, any perceived public interest does not override the criminal prohibition or civil liability associated with publishing private communications.
Separately, the article discusses the potential use of such illegally obtained messages as evidence in criminal investigations. Unlike the "fruit of the poisonous tree" doctrine in US law, Israeli law allows for the potential admissibility of evidence obtained through illegal means if deemed necessary. The former State Attorney, Shi Nitzan, previously authorized the use of evidence from illegally accessed phones in the "sex-for-appointment" case involving Hani Nitzan, Hadas Steif, and Yuli Rosenberg, citing the severity of the alleged offenses. This suggests that even if Urich's messages were obtained unlawfully, they could potentially be used in a criminal investigation if they contain evidence of wrongdoing and if the public interest in their use outweighs the privacy infringement.
Interestingly, Urich was previously involved in a Supreme Court ruling concerning police searches of mobile phones. The article speculates that he might now be central to establishing a new legal precedent regarding the use of content obtained through illicit means.