Half a million NIS and unblocking: Ayala Ben Gvir sues WhatsApp

June 1, 2021   

More than a week ago, the WhatsApp accounts of about 30 Otzma Yehudit activists and party supporters were blocked, including the accounts of Benzi Gopstein, chairman of the Lehava organization, and Ayala Ben Gvir, wife of Shelahk Itamar Ben Gvir. Following the blocking of the accounts, attorneys Guy Ofir and Roy Ben David filed a civil lawsuit against Facebook and WhatsApp in the amount of 500,000 shekels. In the lawsuit, the attorneys demanded that Facebook immediately remove the blocking of WhatsApp services from the plaintiff's account. The attorneys attack Facebook's claim that it is a separate entity from WhatsApp - and elaborated: "The entire separation between the defendants is only artificial, and in reality, the one who manages, controls, outlines policy and makes decisions on everything that happens on WhatsApp is Facebook. In practice, the one who recruits employees for WhatsApp is Facebook, and the employees are required to sign confidentiality agreements with both companies, even though on paper they are not employed by it." In addition, the lawsuit noted that the address of the companies Facebook and WhatsApp is registered at the same address. The lawsuit claims: "The WhatsApp service is an essential and essential communication service for Israeli citizens. Furthermore, the service also includes storage and in effect constitutes a 'digital vault' for its users - Facebook provides the WhatsApp service, and is the storage entity of the digital vault." The lawyers note that those who were blocked did not receive a notification prior to the blocking, or an explanation of the reason why they were blocked. The lawsuit stated the reason for Ben Gvir's blocking: "The blocking is nothing more than an attempt to silence the plaintiff, and an indirect attempt to impose fear and improper pressure on the plaintiff's husband, MK Itamar Ben Gvir." In addition, the lawsuit warned: "This is a serious violation of our clients' privacy, and it is possible that the matter may even amount to illegal wiretapping." Among other things, the lawsuit claims that Facebook acted negligently, violated copyright, created a disadvantageous contract, illegally accessed computer material, and even discriminated against the plaintiff on political grounds. In relation to the plaintiff, Ayla Ben Gvir, the lawyers noted: "The non-pecuniary harm is even more severe in light of the fact that she was blocked from accessing WhatsApp conversations that were saved with her late sister, who passed away in her prime, and these conversations have sentimental value." At the end of the letter, the lawyers demanded that the plaintiff's account be immediately unblocked, explained the reason for blocking the account, and that the account be immediately restored. Ayla Ben Gvir said: "It is not possible in the State of Israel that citizens will be harmed in a predatory manner without supervision and will cause us harm and mental anguish without being held accountable.".