The Supreme Court ruled that claims filed by Israelis against Facebook will be clarified in Israeli courts, even though the agreement to join the site states that they will be found in a court in California, the United States. The court accepted the attorney general's position that the "Californian" clause in the accession agreement that determines the place of jurisdiction is a depriving condition in a uniform contract and therefore should be annulled. However, the court ruled that the claims would be clarified according to American law, because it has not been proved that the very fact of this trial is a discriminatory law choice.
Facebook filed a motion for leave to appeal to the Supreme Court, while the Attorney General submitted his position on the matter to the Supreme Court, through Attorney Limor Peled of the Civil Department of the State Attorney's Office.
The decision was filed in the framework of a petition to approve a class action against Facebook Ireland and Facebook USA for several grounds for violating the privacy of the users, and the Central District Court rejected the request and ruled that it was a blanket condition that should be annulled. Filed an application for leave to appeal to the Supreme Court. In this framework, the Attorney General submitted his position, through Limor Peled of the Civil Department of the State Attorney's Office
As for Facebook Ireland, which works with Israeli users, President Esther Hayut determined that she was unable to contradict the presumption of discrimination. "The fact that Facebook Ireland has many customers in Israel, 4.5 million users, also carries weight in this regard," Hayut wrote. "Most Facebook users do not have the means and knowledge to conduct litigation in California, so the preference of Facebook Ireland's interests in this context creates an imbalanced situation. This is because unlike the supplier whose business volume in Israel is small, it is reasonable to assume that the business activity of Facebook Ireland in Israel will not become unsustainable if it is forced to discuss here and in any case it has not proved otherwise.
Hayot added that one can not ignore the enormous power gaps between Facebook Ireland and Israeli users of the company. Facebook Ireland is a huge foreign company operating in a large number of countries in the world and this makes it difficult for Israeli users on Facebook to sue it.