Law for Prevention of Damage to State of Israel through Boycott
Encyclopedia
Law for Prevention of Damage to State of Israel through Boycott (Hebrew: חוק למניעת פגיעה במדינת ישראל באמצעות חרם, התשע"א-2011), also commonly known as the Boycott law, is an Israeli Anti-boycott
law that was approved in the Knesset
on 11 July 2011. The law has been widely criticised.
, sponsored by the MKs Ze'ev Elkin
and Dalia Itzik
and a group of Knesset members from Likud
, Shas
, Yisrael Beiteinu, United Torah Judaism
and the National Union
. The proposal distinguished between three types of boycotts: a boycott imposed by a resident or citizen of Israel, a boycott imposed by a foreign resident or citizen, and a boycott imposed by a foreign political entity through a law enacted by the foreign political entity. The proposal stated that such a boycott is a civil wrong
and a criminal offence punishable by a fine. After a discussion held on the matter in a Knesset committee the bill was changed so as to remove any criminality, ie it only provides for civil penalties, and to allow it to apply to anyone regardless of the nationality of the person who publicizes the boycott. The revised bill was published on 2 March 2011.
Opponents of the law argued that the law is a violation of the basic principle of freedom of expression. The supporters of the bill, led by Prime Minister Benjamin Netanyahu
, argued that the law does not violate freedom of expression but only prevents harmful measurements being taken against the State of Israel or its citizens, similar to two law the US laws (the 1977 amendments to the Export Administration Act and the Ribicoff Amendment to the Tax Reform Act of 1976
) which were enacted in the mid-1970s aimed at counteracting the participation of US citizens in other nation's economic boycotts or embargoes and which determined that these are criminal offences punishable by fine or imprisonment for up to 5 years.
The law was approved by the Knesset on 12 July 2011 with the support of 47 Knesset members, against 38 Knesset members the latter from the various opposition factions. Netanyahu and another 10 ministers, including Defence Minister Ehud Barak
, were absent during the voting.
The law is in force from 13 July 2011 except for section 4 (withdrawing state benefits) which took effect on 11 October 2011.
, by a party claiming that it might be damaged by such a boycott. The law also allows Israeli authorities to deny benefits from individuals or organizations - such as tax exemption
s or participation in government contracts - if they have publicized a call to boycott and/or if they have obligated to participate in a boycott. The law is in force from 13 July 2011 except for section 4 (withdrawing state benefits) which will take effect on 11 October 2011.
Physicians for Human Rights
-Israel said in a statement that they strongly oppose the Israel boycott law and that they "will refuse to comply with it." Peace Now is openly defying the law and has organised a facebook
page "Sue Me, I'm Boycotting Settlement Products".
A number of Israeli civil rights groups have declared that they will legally challenge the law by petitioning the Israel Supreme Court. The Association for Civil Rights in Israel claims that the law is "unconstitutional and anti-democratic" and sets a bad precedent. Gush Shalom, Adalah, Physicians for Human Rights, the Public Committee against Torture and the Coalition of Women for Peace - say that they will join legal challenges. On 12 July Gush Shalom was the first to lodge a petition against the law.
NGO Monitor
has said that the law is not "the appropriate means to combat the BDS
movement".
Anti-boycott
An anti-boycott is a term used to describe excess buying of a particular brand or product, in an attempt to counter a boycott of the same brand/product...
law that was approved in the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
on 11 July 2011. The law has been widely criticised.
Legislative history
On 5 July 2010 a private bill was introduced in the KnessetKnesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
, sponsored by the MKs Ze'ev Elkin
Ze'ev Elkin
-Biography:Born in Kharkiv in the Soviet Union , Elkin was active in the Bnei Akiva movement, becoming its general secretary of the Soviet Union branch in 1990. In December that year he immigrated to Israel....
and Dalia Itzik
Dalia Itzik
Dalia Itzik , born 20 October 1952, is an Israeli politician who currently serves as a member of the Knesset for Kadima. She has previously served in several ministerial positions, and on 4 May 2006 became the first female speaker of the Knesset, and has since served as President of Israel in an...
and a group of Knesset members from Likud
Likud
Likud is the major center-right political party in Israel. It was founded in 1973 by Menachem Begin in an alliance with several right-wing and liberal parties. Likud's victory in the 1977 elections was a major turning point in the country's political history, marking the first time the left had...
, Shas
Shas
Shas is an ultra-orthodox religious political party in Israel, primarily representing Sephardic and Mizrahi Haredi Judaism.Shas was founded in 1984 by dissident members of the Ashkenazi dominated Agudat Israel, to represent the interests of religiously observant Sephardic and Mizrahi ...
, Yisrael Beiteinu, United Torah Judaism
United Torah Judaism
United Torah Judaism is an alliance of Degel HaTorah and Agudat Israel, two small Israeli Haredi political parties in the Knesset. It was first formed in 1992.The two parties have not always agreed with each other about policy matters...
and the National Union
National Union (Israel)
The National Union is an alliance of nationalist political parties in Israel. In the 2009 elections the National Union consisted of four parties: Moledet, Hatikva, Eretz Yisrael Shelanu, and Tkuma.-Background:...
. The proposal distinguished between three types of boycotts: a boycott imposed by a resident or citizen of Israel, a boycott imposed by a foreign resident or citizen, and a boycott imposed by a foreign political entity through a law enacted by the foreign political entity. The proposal stated that such a boycott is a civil wrong
Civil wrong
A civil wrong or wrong is a cause of action under the law of England and Wales. Tort, breach of contract and breach of trust are types of civil wrong.Something that amounts to a civil wrong is said to be wrongful....
and a criminal offence punishable by a fine. After a discussion held on the matter in a Knesset committee the bill was changed so as to remove any criminality, ie it only provides for civil penalties, and to allow it to apply to anyone regardless of the nationality of the person who publicizes the boycott. The revised bill was published on 2 March 2011.
Opponents of the law argued that the law is a violation of the basic principle of freedom of expression. The supporters of the bill, led by Prime Minister Benjamin Netanyahu
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu is the current Prime Minister of Israel. He serves also as the Chairman of the Likud Party, as a Knesset member, as the Health Minister of Israel, as the Pensioner Affairs Minister of Israel and as the Economic Strategy Minister of Israel.Netanyahu is the first and, to...
, argued that the law does not violate freedom of expression but only prevents harmful measurements being taken against the State of Israel or its citizens, similar to two law the US laws (the 1977 amendments to the Export Administration Act and the Ribicoff Amendment to the Tax Reform Act of 1976
Tax Reform Act of 1976
The Tax Reform Act of 1976 was passed by the United States Congress in September of 1976, and signed into law by President Gerald Ford on October 4, 1976, becoming ....
) which were enacted in the mid-1970s aimed at counteracting the participation of US citizens in other nation's economic boycotts or embargoes and which determined that these are criminal offences punishable by fine or imprisonment for up to 5 years.
The law was approved by the Knesset on 12 July 2011 with the support of 47 Knesset members, against 38 Knesset members the latter from the various opposition factions. Netanyahu and another 10 ministers, including Defence Minister Ehud Barak
Ehud Barak
Ehud Barak is an Israeli politician who served as Prime Minister from 1999 until 2001. He was leader of the Labor Party until January 2011 and holds the posts of Minister of Defense and Deputy Prime Minister in Binyamin Netanyahu's government....
, were absent during the voting.
The law is in force from 13 July 2011 except for section 4 (withdrawing state benefits) which took effect on 11 October 2011.
The law
The law states that individuals or organizations who publicize a call for an an economic, cultural or academic boycott against a person or entity merely because of its affiliation to the State of Israel and/or to an Israeli institute and/or to a specific region under Israeli control, may be sued civilly, in tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, by a party claiming that it might be damaged by such a boycott. The law also allows Israeli authorities to deny benefits from individuals or organizations - such as tax exemption
Tax exemption
Various tax systems grant a tax exemption to certain organizations, persons, income, property or other items taxable under the system. Tax exemption may also refer to a personal allowance or specific monetary exemption which may be claimed by an individual to reduce taxable income under some...
s or participation in government contracts - if they have publicized a call to boycott and/or if they have obligated to participate in a boycott. The law is in force from 13 July 2011 except for section 4 (withdrawing state benefits) which will take effect on 11 October 2011.
Reaction to the law
The law has been condemned as a violation of freedom of expression, "deeply undemocratic", widely criticised in the Israeli media and "three dozen" eminent law professors have described it as unconstitutional.Physicians for Human Rights
Physicians for Human Rights
Physicians for Human Rights was founded in 1986 by a small group of doctors who believed the unique scientific expertise and authority of health professionals could bring human rights violations to light and provide justice for victims...
-Israel said in a statement that they strongly oppose the Israel boycott law and that they "will refuse to comply with it." Peace Now is openly defying the law and has organised a facebook
Facebook
Facebook is a social networking service and website launched in February 2004, operated and privately owned by Facebook, Inc. , Facebook has more than 800 million active users. Users must register before using the site, after which they may create a personal profile, add other users as...
page "Sue Me, I'm Boycotting Settlement Products".
A number of Israeli civil rights groups have declared that they will legally challenge the law by petitioning the Israel Supreme Court. The Association for Civil Rights in Israel claims that the law is "unconstitutional and anti-democratic" and sets a bad precedent. Gush Shalom, Adalah, Physicians for Human Rights, the Public Committee against Torture and the Coalition of Women for Peace - say that they will join legal challenges. On 12 July Gush Shalom was the first to lodge a petition against the law.
NGO Monitor
NGO Monitor
NGO Monitor is a non-governmental organization based in Jerusalem, Israel whose stated aim is to generate and distribute critical analysis and reports on the output of the international NGO community for the benefit of government policy makers, journalists, philanthropic organizations and the...
has said that the law is not "the appropriate means to combat the BDS
Boycott, Divestment and Sanctions
Boycott, Divestment and Sanctions refers to a campaign first initiated on 9 July 2005 by 171 Palestinian non-governmental organizations in support of the Palestinian cause ".....
movement".
External links
- Israel boycott ban law sets MPs against judges - published on AFPAgence France-PresseAgence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
on 13 July 2011 - Israeli left condemns controversial "boycott ban" law - published on AFPAgence France-PresseAgence France-Presse is a French news agency, the oldest one in the world, and one of the three largest with Associated Press and Reuters. It is also the largest French news agency. Currently, its CEO is Emmanuel Hoog and its news director Philippe Massonnet...
on 14 July 2011