The right to be forgotten: The Israeli version

The right to be forgotten and erase, originally introduced in the well-known case of Google Spain, has caused considerable legal debates on both theoretical and procedural issues. The Israeli Supreme Court has also just recently considered the issue when it was asked to enforce the right to be forgotten of an Israeli advocate, Jonathan Miller, and delist harmful information which appeared in a Google search, and was in truth related to a different adv. Jonathan Miller. The plaintiff relied on the Israeli Prohibition of Defamation Law. Liability was denied on the basis that the information was indeed true, and thus- justified. We suggest in this article that the court should have imposed liability in negligence, an open ended general tort that mainly applies when particular torts fail to supply a reasonable and just solution in new factual situations due to change in social, economic and technological circumstances.