Israeli Courts Increasingly Hold Anonymous and Fake Social Media Accounts Legally Accountable

Anonymous and fake social media accounts in Israel can no longer evade legal responsibility for defamatory or infringing content, according to intellectual property lawyer Aviel Shimoni. Despite the common belief that online anonymity offers full immunity, Israeli courts have increasingly issued orders to reveal the identities of anonymous users when their posts violate relevant laws. While obtaining such court orders requires solid legal grounds and expertise in internet and intellectual property law, the judiciary aims to prevent the internet from becoming a lawless space.

The law recognizes the right to anonymous speech but limits it when used to publish harmful, defamatory, or infringing content. Fake profiles created solely to defame or violate third-party rights face the same legal liability as users posting under their real names. Courts also balance the right to anonymity and do not grant identity disclosures lightly.

The primary legal tool to uncover anonymous or fake users is a court order compelling social media platforms, internet providers, or other relevant entities to disclose identifying information. Platforms like Facebook and Google have previously been required to comply with such orders. Once the identity is revealed, the claimant can file a lawsuit for the original violation, but courts often restrict the use of the disclosed information to specific legal purposes, such as filing a claim or sending a warning letter.

Regarding damages, Israeli law allows for compensation of up to 50,000 shekels per defamation violation without proof of damage, and up to 100,000 shekels for malicious publications. Similar caps apply to intellectual property infringements, including copyright violations. Courts consider various factors, including actual harm, when determining final compensation.

In summary, the internet is no longer a lawless "public square," and those who publish harmful content under fake profiles face significant legal risks. Aviel Shimoni, an experienced lawyer in internet and intellectual property law, emphasizes that anonymous or fake online publishers must be aware of potential legal consequences.