Tag: lawfare

Shurat HaDin fail in latest lawfare attempt to silence Israel’s critics

Mike Cushman

Surat HaDin describes itself as  working “with Western intelligence agencies, law enforcement branches and a network of volunteer lawyers across the globe to file legal actions on behalf of world Jewry” and is presumed to have close links with Mossad, the Israeli spy agency. It has a record of pursuing aggressive, and fortunately usually embarrassingly unsuccessful, lawsuits to silence critics of Israel. They have pursued charities, churches, journalists and academics who do not adhere to their apologias for Israeli crimes and of course presume an identity between their sponsors, the Israeli state, and “world Jewry”.

They appear well-funded and setbacks do not halt their efforts to exploit US claims that their courts have worldwide jurisdiction in the USA’s ever expanding and morphing ‘war against terror’.

Their most recent failure was when US District Judge Nicholas Garaufis threw out their billion dollar suit against Facebook. Shurat HaDin claimed that the social media corporation was assisting Hamas (in violation of the US Anti-Terrorism Act) in “recruiting, radicalizing, and instructing terrorists, raising funds, creating fear and carrying out attacks.” They claimed that, therefore, Facebook was liable for the exaggerated compensation that US law provides to ‘victims of terrorism’.

Billion-dollar Israeli lawsuit against Facebook thrown out
Shurat HaDin versus Facebook: Vexatious Litigation as Warfare
Zuckerberg don’t kill us!’ Facebook incitement battle heats up

The suit failed because the US law clearly states “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The US has a long standing commitment to freedom of speech under the First Amendment but current and recent administrations express strong interest in curtailing  this protection in pursuit of America’s self-identified ‘enemies’.

Shrat HaDin took advantage of First Amendment rights themselves to post large billboards outside Mark Zukerberg’s home.

Threat is worldwide

Law in other jurisdictions, including the UK and Europe, is more cautious in claiming global scope but protection of free speech is also less robust.

Current debate on the responsibility of Facebook, Twitter and other social media companies for content posted on their platforms gives rise ot concern. How the line is drawn between the unacceptable and the merely unwelcome to some sectional interests is going to be highly contested and crucial to maintaining space for promotion of Palestinian rights. We can expect Shurat HaDin and others to exploit any opportunity t drive critics of Israel off of social media with devastating impact on our ability to inform and organise.

The UK Government’s adoption of the IHRA (mis)definition of antisemitism, and the drive to get the EU to adopt it, expands the definition of antisemitism to embrace legitimate debate on Israel’s actions. It is essential to prevent the IHRA definition being used as the benchmark for permitted speech in public meetings, on broadcast media or the internet.