On November 19, 2018, Airbnb, Inc. (a widely popular online hospitality service) announced:
…we concluded that we should remove listings in Israeli settlements in the occupied West Bank that are at the core of the dispute between Israelis and Palestinians.
In short, Israeli Jews living in Judea/Samaria (the “West Bank”) may no longer rent out their homes and apartments via the Airbnb platform. Muslims, Christians and citizens of the Palestinian Authority are free to continue doing so: the boycott targets only Jews.
At present, Airbnb does not boycott any other country nor target any other dispute.
Airbnb blacklists Jewish apartments in Judea and Samaria – not Palestinian apartments, not apartments in Turkish occupied Cyprus, in Moroccan occupied Sahara, not in Tibet or the Crimea. Airbnb’s policy is the very definition of anti-Semitism. No one should use its services.
— Michael Oren (@DrMichaelOren) November 19, 2018
The announcement led to spirited discussion about whether the decision is discriminatory or even antisemitic. Yet Western media coverage has neglected one critical fact: it’s also illegal.
The United States Constitution, as well as numerous acts of Congress and various state laws, prohibit American individuals and corporations from participating in boycotts against foreign countries. In short, a private boycott against a foreign government is not “free speech” like the domestic boycotts of the Civil Rights Movement, but rather a tool of statecraft that, like war, is reserved to the Federal government alone. I previously explored this issue in depth.
Join the fight for Israel’s fair coverage in the news
Airbnb as a “media platform”
It’s the “new new-media.”
In this online age, companies don’t just sell products, they also communicate with their millions of customers through online platforms. When such a company communicates a political message, the customers hear it. When that message relates to a topic on which the company has credibility, many will believe it.
In this case, Airbnb has 15 million followers on Facebook 670,000 on Twitter, and 590,000 on its own community forum.
Airbnb also has a jaw-dropping 150 million users on its mobile app and website, and more people visit its web site every day than watch CNN, MSNBC or BBC’s prime time news broadcasts on a typical evening.
Airbnb enjoys significant credibility on the question of travel: including safety, advisability, and in this case, possibly even morality. So when Airbnb announces on its various media platforms that boycotts against Israel are the key to Mideast peace, millions of people are listening.
Online corporate communication is a relatively new and surprisingly powerful form of media that we cannot ignore.
Legal Action
Airbnb’s boycott violates a number of American laws, and pro-Israel organizations are preparing various types of legal actions in this regard. One such organization is represented by international law expert Eugene Kontorovich of the Kohelet Forum, who explains his position in the Wall Street Journal (the Journal article is pay-walled, but you can access it for free via the Tweet below):
Airbnb will operate anywhere and serve anyone—except Jews in the West Bank, writes @EVKontorovich https://t.co/WTwtwEycbe via @WSJOpinion
— Eugene Kontorovich (@EVKontorovich) November 25, 2018
We too are no strangers to legal action against media outlets when appropriate. For example, in 2012 HonestReporting launched legal proceedings and successfully forced The Guardian to reverse its policy of claiming that Tel Aviv is the capital of Israel.
And now we are launching proceedings once again: this time via the United States Office of Antiboycott Compliance (the “OAC”) which enforces America’s numerous antiboycott laws.
If found to be in violation of the relevant laws, Airbnb could be subject to significant fines, tax consequences or even criminal action. Through its illegal acts, the online platform is even risking its ability to continue doing business in the United States.
To see our complaint to the OAC click HERE.
And watch this space for further updates on HonestReporting’s action against Airbnb’s discriminatory and illegal policy toward Israel.
