Israel's Anti-Boycott Law — “Law for Prevention of Damage to the State of Israel through Boycott, 5771-2011”

Enacted by the Knesset on 11 July 2011, the law (§1) defines a boycott against the State of Israel as 'deliberately refraining from economic, cultural or academic ties with another person or body solely because of its connection with the State of Israel, one of its institutions or an area under its control' in a manner liable to cause economic, cultural or academic damage — thereby legally equating a boycott of the West Bank settlements ('an area under its control') with a boycott of Israel itself. Section 2(a) makes knowingly publishing a public call for such a boycott a civil wrong (tort), exposing the caller to a damages suit where there is a reasonable probability the call will bring about a boycott. Sections 3-4 empower the Minister of Finance to deny participants benefits — revoking tax exemptions and 'public institution' status, barring them from government tenders, and withholding state support, grants and guarantees — against anyone who calls for, or commits to participate in, a boycott. On 15 April 2015 the High Court of Justice (HCJ 5239/11, Avneri v. Knesset, expanded 9-justice bench) upheld most of the law (5-4), narrowly construing the tort to require proof of actual damage and causation, while unanimously striking down Section 2(c), which had allowed courts to award compensation without any proof of harm.