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Powers for the Prevention of the Commission of Offences by means of a Website Law, 5777-2017

חוק סמכויות לשם מניעת ביצוע עבירות באמצעות אתר אינטרנט, תשע"ז-2017

Published: 2017-07-26Consolidated Hebrew text as of 2026-08-03 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Definitions§

1.

In this Law –

"website" – a website to which the public has the possibility of entry or access, whether for payment or without payment, including by means of the use of a code or password;

"Arrests Law" – Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996;

"internet access provider" – as defined in section 4i(a) of the Communications Law (Telecommunications and Broadcasts), 5742-1982;

"internet search service provider" – a person who provides, by means of the internet, a service of locating information on the internet electronically;

"hosting services provider" – a person who provides services for the storage of information delivered to him for the purpose of uploading it to the internet;

"offence" – any one of the following:

(1)an offence under section 202, 205a, 205c(a), 205d, 214(b), or 225 of the Penal Law, 5737-1977;
(2)an offence under section 13 or 14 of the Dangerous Drugs Ordinance [New Version], 5733-1973;
(3)an offence under section 7 of the Law for Combating the Phenomenon of the Use of Hazardous Substances, 5773-2013;

"access restriction order" – an order issued under section 2;

"location restriction order" – an order issued under section 3;

"removal order" – an order issued under section 4;

"prosecutor" – as defined in section 12(a)(1)(a) or (2) of the Criminal Procedure Law [Consolidated Version], 5742-1982, whom the Attorney General has authorised to submit an application for an order under this Law.

Access Restriction Order§

2.
(a)A judge of the District Court authorised for that purpose by the President of the District Court may, upon an application by a prosecutor, issue an order restricting access to a website, in whole or in part, if satisfied that one of the following has been fulfilled:
(1)restricting access to the website is essential for the prevention of the continued commission of the offence by means of the activity of the website;
(2)restricting access to the website is essential for the prevention of a user in Israel being exposed to activity which, had it been carried out in Israel, would have constituted an offence, and the activity of the website has a nexus to Israel;
(3)the website belongs to a terrorist organisation as defined in the Law for Combating Terrorism, 5776-2016, and restricting access is essential for the prevention of the continued activity by means of the website.
(b)An access restriction order shall not be issued if the manner of its execution constitutes wiretapping under the Wiretap Law, 5739-1979, and the provisions of that Law shall apply.

Location Restriction Order§

3.

If the court finds that one of the grounds for issuing an access restriction order as referred to in section 2(a) has been fulfilled, but is of the opinion that there is no basis for issuing such an order, it may issue to an internet search service provider an order directing it not to enable the location of the website in respect of which the order was applied for, or any part thereof.

Removal Order§

4.

If the court finds that one of the grounds for issuing an access restriction order as referred to in section 2(a) has been fulfilled, and the server on which the website is hosted is located in Israel or is under the control of a person located in Israel or under the control of a corporation registered in Israel, it shall not order the issuance of an access restriction order or a location restriction order but shall order the removal of the website from the server, subject to such conditions as it may determine, unless it finds that removal of the website from the server is not possible in the circumstances of the matter or that there are other special reasons to refrain from such removal.

Considerations for the Issuance of Orders§

5.
(a)When coming to issue an order under this Law, the court shall consider, inter alia, the following:
(1)the degree of harm to the public in Israel as a result of the continued activity of the website, and the nexus of the website to Israel;
(2)the degree of harm to public access to information by means of the internet and the risk of harm to other content that is not connected to the commission of the offence, whether on the same website or on another website, as a result of the method of restriction applied for;
(3)the degree of harm to internet access providers;
(4)the degree of harm to the privacy of internet users.
(b)An order under this Law may be issued in respect of a website in the framework of whose activity an offence is being committed alongside lawful activity, provided that the order shall direct, insofar as possible, that the restriction of access or location, or the removal, shall apply only to the part of the website that serves to commit the offence.
(c)The decision to issue an order under this Law and the type of order to be issued shall be determined to a degree that does not exceed what is required in the circumstances of the matter.

Order Following Conviction§

6.

Where a person has been convicted of an offence in respect of activity carried out by means of a website under his control, the court that convicted that person may, upon the application of a prosecutor, issue in respect of the website an order in accordance with the conditions set out in this Law.

Amended Order§

7.
(a)In this section, "senior police officer" – a district commander or a national unit commander in the Israel Police who holds the rank of Deputy Commissioner or above.
(b)Where an order has been issued under this Law in respect of a website (in this section – the original order), and a senior police officer has become satisfied that the website in respect of which the order was given continues to operate at a different address, he may determine that the order shall apply also to the other address (in this section – the amended order), provided that he has found that the issuance of the amended order will not cause harm beyond that which was approved at the time of the issuance of the original order.
(c)An application for approval of the amended order shall be submitted to the court by a plaintiff within seven days of the date of its issuance, and it shall remain in force until the court's decision.

Procedure§

8.
(a)For the hearing of a prosecutor's application for the issuance of an order under this Law, the owner or operator of the website shall be summoned if they can be located with reasonable diligence, as well as the relevant internet access provider or internet search service provider, and if the server on which the website is hosted is located in Israel – also the owner or operator of the server.
(b)The hearing on the issuance of the order shall be held in the presence of the parties summoned to the hearing; however, the court may issue an access restriction order ex parte if it is of the opinion that the respondents, all or some of them, were lawfully summoned and did not appear at the hearing.
(c)The hearing on the application for the issuance of an order shall be documented in the record of proceedings without the documentation disclosing classified material as defined in section 10, and the record of proceedings shall be delivered to the parties.
(d)For the purpose of its decision on the application, the judge may rely on evidence even if it is not admissible in court.
(e)An order shall include the entities to which the order applies, the particulars of the website, in whole or in part, in respect of which it is issued, the period of validity of the order, and in respect of an access restriction order – also the method of restriction.

Review§

9.
(a)A court that has issued an order under this Law may vary the conditions of the order or cancel it upon the application of a prosecutor or of any person who considers himself harmed by the order and was not summoned to present his arguments, including a corporation engaged in the protection of the public interest on the internet whose appearance is capable of contributing to the fair conduct of the proceedings.
(b)The court may reconsider an order it has issued if it finds that this is justified owing to changed circumstances or new facts that came to light after the issuance of the order.

Classified Material§

10.
(a)In a hearing on an application for the issuance of an order under this Law, a prosecutor may request to detail or present before the court alone facts or information upon which he bases his arguments (in this section – classified material); such an application shall be submitted in writing together with reasons.
(b)The court may accede to an application as referred to in subsection (a) and rely on the classified material if it finds that its disclosure in the presence of the respondents is likely to harm an investigation, a security interest or another important public interest; the classified material shall be marked, returned to the applicant after perusal and the matter shall be recorded in the record of proceedings.
(c)The court shall notify the applicant and the respondents of its decision on the application under subsection (a), and may determine that the reasons for the decision, in whole or in part, shall be classified.
(d)If the court decides not to accede to the application regarding non-disclosure of the classified material under subsection (a), the applicant may give notice that he withdraws the submission of the classified material, and upon doing so the material shall not be made available for perusal by the respondents and the judge shall disregard it for the purposes of his decisions.
(e)If at the time of the hearing on the application under subsection (a) proceedings under Section C of Chapter II of the Arrests Law were also pending in respect of a suspect in the offence in connection with which the application was submitted, the provisions of subsections (a) to (d) shall not apply and the provisions of section 15(c), (d) and (e) of the Arrests Law shall apply to the hearing on the application.
(f)If the court decides not to accede to the application regarding non-disclosure of the classified material under subsection (a), a prosecutor may appeal the decision of the court on that matter within 15 days of the date of the decision, before an appellate court which shall hear the appeal before a single judge.
(g)If a prosecutor notifies the court that decided as referred to in subsection (f) that he is considering filing an appeal as referred to in that subsection, the court shall not transfer the classified material to the respondents until the determination of the appeal.
(h)In the hearing of an appeal under subsection (f), the court may peruse the classified material and receive additional particulars from the prosecutor without disclosing them to the respondents.

Appeal against a Court Decision§

11.

A prosecutor, a person who was a party to the proceedings for the issuance of an order under this Law, and any person who considers himself harmed by the issuance of the order may appeal the decision of the court within 30 days of the date of the decision, before an appellate court which shall hear the appeal before a single judge, who shall be empowered to cancel it or to vary conditions therein.

Publication§

12.
(a)Notice of the issuance of an order under this Law shall be published on the websites of the Ministry of Justice and of the Israel Police.
(b)An internet access provider shall display, at the address of the website whose access has been restricted by an order, notice of the restriction.

Jurisdiction§

13.

The provisions of section 3 of the Arrests Law, regarding the local jurisdiction of courts, shall apply also to every matter dealt with by this Law, unless expressly provided otherwise.

Penalties§

14.

An internet access provider, an internet search service provider and a hosting services provider to which an order is directed, who violate the provisions of an order under this Law, shall be liable to two years' imprisonment.

Report to the Knesset§

15.

The Minister of Justice shall report to the National Security Committee of the Knesset, on 1 June of each year, on the following matters, broken down by type of offence and type of order, in the year preceding the date of the report:

(1)the number of applications for orders;
(2)the number of orders issued;
(3)the number of applications for amended orders under section 7;
(4)the number of amended orders confirmed by the court.

Implementation and Regulations§

16.

The Minister of Justice is charged with the implementation of this Law, and may, with the approval of the National Security Committee of the Knesset, make Regulations on any matter relating to its implementation, including Regulations on the following matters:

(1)the text of the notices regarding the issuance of an order as referred to in section 12(a) and (b);
(2)service of notice of the filing of an application or an appeal under this Law;
(3)rules of procedure for a hearing on an application or an appeal under this Law.

Commencement§

17.

This Law shall commence two months from the date of its publication.

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