Israeli Courts Hold Anonymous and Fake Social Media Accounts Legally Accountable

Anonymous and fake social media accounts can no longer evade legal responsibility in Israel, according to intellectual property lawyer Aviel Shimoni. Despite the common belief that anonymity online provides immunity from lawsuits, Israeli courts increasingly grant orders to reveal the identities of users who post defamatory, harmful, or infringing content under pseudonyms or fake profiles. Such court orders require proper legal justification and expert legal guidance, but reflect a judicial effort to prevent the internet from becoming a lawless space.

While individuals have a right to anonymous speech within certain limits, this right is not absolute. Courts distinguish between occasional anonymous posts by real users and continuous harmful use of fake profiles intended to defame or violate third-party rights. Publishing offensive content under a fake profile carries the same legal liability as publishing under one's real name. Courts also consider the individual's desire for anonymity and do not easily permit identity disclosure.

The main legal tool to uncover anonymous users is a court order directed at the relevant platform, internet provider, or other entity holding identifying information. Platforms like Facebook and Google have previously been compelled to disclose user details under such orders. Once identity is revealed, claimants can file lawsuits for the original violations, but courts often restrict the use of this sensitive information to specific legal purposes, such as filing claims or cease-and-desist letters.

Regarding damages, Israeli law allows up to 50,000 shekels in compensation without proof of harm for defamation or copyright infringement per violation, with higher caps for intentional offenses. Courts weigh various factors, including actual damage, when determining final compensation amounts.

In summary, the internet is not a lawless domain, and those who post harmful content under fake accounts face significant legal risks. As former Supreme Court Justice Aharon Barak stated, the internet is a "new town square" shared by all, where accountability applies equally to anonymous users.