Israeli Consumer Protection Authority Says Platforms Are Liable for Illegal Ads to Minors

According to an opinion by the Israeli Consumer Protection Authority, online platforms whose target audience includes minors and who allow other businesses to advertise on their platform, are responsible to ensure that the content of those ads is not prohibited for minors, regardless of the manner or means of advertisement. The opinion was filed as part of a class action asserted by consumers against several Israeli communication companies that displayed advertisements on their websites that are offensive, explicit, or otherwise inappropriate for minors.

Dismissing the defendants’ assertions that they cannot control the contents of advertisements on their websites when a parent and a child use the same device to access them, the Consumer Protection Authority explained that the prohibition on displaying inappropriate content to minors applies broadly, even if such content is based on a device’s search history. In this context, the authority clarified that platforms may ensure their compliance with this prohibition by incorporating contractual provisions subjecting the advertising networks to the relevant law and regulations.