חוק איסור הפליה במוצרים, בשירותים ובכניסה למקומות בידור ולמקומות ציבוריים (תיקון מס' 4), התשע"ז-2017Law on the Prohibition of Discrimination in Products, Services and Admission to Entertainment Venues and Public Places (Amendment No. 4), 2017 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law, 2000 (hereinafter – the Law), provides that a person engaged in supplying a product or public service, or in operating a public place, shall not discriminate in the supply of the product or public service on the basis of various grounds of discrimination listed in the Law, including race, religion, sex and nationality. The Law further provides that an act or omission constituting such discrimination is a tortious wrong and a criminal offense. Amendment No. 4 to the Law (the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law (Amendment No. 4), 2017), is intended to prevent discrimination in the supply of a product or public service, or in the operation of a public place, on the basis of place of residence, by adding this ground to the prohibited grounds of discrimination. However, a distinction made by a local authority between its residents and non-residents shall not be considered prohibited discrimination on the basis of place of residence as stated, if it is made to the extent required for the performance of the local authority's functions or the exercise of its powers for the benefit of its residents, and all subject to the provisions of any law. Amendment No. 4 to the Law also includes an indirect amendment to the Consumer Protection Law, 1981, intended to prohibit businesses from misleading consumers regarding the place to which the property or service will be supplied, including with respect to supplying the property or service to the Judea and Samaria area. Under the said amendment, the place of supply of the property or service shall be considered a material matter in the transaction, to which the prohibition on misleading under the Consumer Protection Law applies. It is further provided that if the dealer misled the consumer regarding the place to which the property or service would be supplied, and did not supply the property or service to the place agreed between them after the consumer requested this, the court may award the consumer compensation not contingent on damage (exemplary compensation) in an amount not exceeding 10,000 NIS.

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Shuli Moalem-Refaeli

What was said in the plenum

The bill, initiated by MK Shuli Moalem-Refaeli following an initiative begun by former MK Uri Orbach, seeks to add "place of residence" as a prohibited ground of discrimination in the provision of public products and services, including requiring businesses to disclose in advance to consumers if they will not provide service to their area of residence, and allowing for monetary compensation in cases of misrepresentation on this matter. The debate centered mainly on whether the law is intended to prevent discrimination against residents of the periphery and Arabs, or whether it is a tool for applying Israeli norms and granting legitimacy and benefits to settlements in Judea and Samaria, a move that its opponents called "creeping annexation."

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An automatic summary of the plenum transcripts: the debate on the bill at every reading it was voted on. Arguments are given as the speakers made them; this is not an assessment. The list of speakers comes from the transcript, without a model. Transcripts of the sittings: 1, 2, 3

Reservations to the second reading

No reservations were filed to this bill.

Asked to speak: Ayman Odeh (Joint List), Masud Ganaim (Joint List), Jamal Zahalka (Joint List), Ahmad Tibi (Joint List), Aida Touma Sliman (Joint List), Abd Al Hakeem Haj Yahya (Joint List), Hanin Zoabi (Joint List), Dov Khenin (Joint List), Talab Abu Arar (Joint List), Yousef Jabareen (Joint List), Osama Saadi (Joint List), Abdullah Abu Maaruf (Joint List)

Committee version for the second and third reading (PDF)