In a significant decision last Sunday, Facebook, which unilaterally removed the page without warning, was also ordered to pay the two owners of the page NIS 225,000 to cover their legal fees.
Facebook took the page offline in January 2015, claiming it published sponsored content in violation of its terms of service.
The page's two owners—Avi Lan and Adi Bentov—sued Facebook in response, with their lawyer Guy Ophir arguing the page was "an inseparable part of their identity."
“The question is whether this is a fundamental breach or not. In light of all that has been said and in accordance with the events under discussion, it cannot be determined that this is ‘a fundamental breach’ of the contract between the sides,” Judge Rahamim Cohen said.
He also stressed that the removal of the page “seriously harmed the plaintiff, whose lives’ work has gone down the drain whereas for Facebook, the damage can be financially compensated.”
Regarding the removal of the page, the judge wrote: “It is not a reasonable stance that all the conditions, without exception, are fundamental and therefore the contract can be immediately nullified due to every breach.
“Wide use of power granted by Section 14 to Facebook, which allows it to unilaterally close pages without prior warning, will also prevent a genuine and thorough clarification of the breach of the contract as has been claimed, which requires communications between Facebook and its users, before the closure of the pages.”
In response to the ruling, Facebook wrote to the Supreme Court informing it of its intention to appeal the verdict and asked that it be delayed until the appeal is discussed.