חזרה לעמוד הקודם

Decisions regarding the domain כלהנשיםזונות .co.il

February 17, 2012

“כלהנשיםזונות”  Translated from Hebrew  all women are sluts

In Clause 5.g of The Committee for the Review of Offensive Domain Names:
Work Procedures
, it has been determined that:

“The Committee’s decisions will be received through a majority.
The decision to reject a domain name for registration must be based on a majority vote.”

All Committee members have voted to reject the requested domain name כלהנשיםזונות .co.il.

Mr. Hank Nussbacher –
Chairperson of the Committee for the Review of Offensive Domain Names
of the Israel Internet Association

The Committee Members’ comments:

Prof. Michael Birnhack:

  1. The committee has the authority to approve a domain name, or to reject a domain name on the basis that the requested domain name may be damaging to public policy or considered vulgar or offensive to public sentiments, or such names which are in violation of Israeli Law, as defined in Clause 7.3 of the Domain Registration Rules.
  2. The domain name for this request appears in the Hebrew language, and falls under the category of “vulgarities”, and additionally, I suppose under the category of “violation of Israeli Law”. Regarding the first category, there is no need for an explanation. The requested name, when in a complete sentence, speaks for itself (it is considered vulgar).
  3. Regarding the category of “violation of Israeli Law” – Anti-Defamation Law (1965) states in Clause 4 that “defamation of a human being or a particular sector, which does not constitute a corporation, shall constitute the same law as that for corporations, with the exception that there will be no justification for taking civil action or complaint. Nor will a bill of indictment be submitted regarding a criminal offense according to this Clause unless submitted by the Attorney General or under his/her authority.” Although the Clause obstructs the offended party’s ability to realize their rights, but states at the beginning that such things are within the definition of forbidden defamation practices, even when they are directed at a group of people as opposed to an individual. This specific circumstance is neither a civil suit nor a criminal complaint. It is the public’s right to defend themselves against offensive defamation. The offender may provide claims in defense of this domain, however, I fail to see how such claims will support the right to register such a domain.
  4. At this stage, it seems to me that this domain is degrading, insulting, and offensive to women in general, as opposed to the request for the domain “sharmuta” (slut) (Request 2/12), I fail to see legitimizing the use of the requested expression (“all women are sluts”) by transforming its meaning to a phrase of empowerment.
  5. I believe that in this particular instance, ‘freedom of expression’ is limited by Anti-Defamation Law.
  6. Since the requestor has chosen not to execute his right to counterclaim supporting approval of the domain name, as well as in light of what has be mentioned above, I propose to reject the request.

Boaz Okon (Judge, Ret.)

I agree with Michael’s (Prof. Birnhack) viewpoint, and in the case of the movie Jenin Jenin (2002) burden of proof has been placed on the plaintiffs (and this is in and of itself debatable), but there is no doubt that the Attorney General has the right to prosecute in the name of a group.

Yochi Brandeis

Regarding “all women are sluts”, – simply stated this domain should be approved “under no circumstances”. We must not approve this domain under any circumstances. This (the use of this expression) is no longer just a vulgar insult, but rather a generalization which has an element of incitement and debasement towards women’s dignity and their physical being.

Hank Nussbacher

The provision of law regarding “Defamation of the Public”, by which the public as an entity cannot prosecute in a civil suit, presents an overly liberal outlook, and we as an authority figure have a responsibility to protect those who do are not envested with the power to defend themselves. In my opinion, this domain name is offensive to the public and it should be rejected.

Deliberation Results:

All of the Committee members support rejection of the requested domain name “all women are sluts”. As stated above and according to the procedures which have been determined, the request for the domain כלהנשיםזונות .co.il is rejected.

Committee Decision