The case TikTok in New Caledonia led to legal action, which has not yet been resolved. The application has been blocked on the island since the start of the riots.
The riots in New Caledonia were an opportunity for the government to implement what it had mentioned during the unrest last summer, following the death of young Nahel, namely blocking social networks. This is what was done with TikTok, which is no longer accessible on the island, unless of course you use a VPN like many people. A decision which is currently being challenged in court.
An interim relief against the blocking of TikTok
The blocking of TikTok in New Caledonia will not happen without a legal battle. It is to counter this government decision that several associations, including Quadrature du Cercle, have each filed an interim relief to contest the blockage. The same association also asked the administrative judge to send a request to the Constitutional Council in order to rule on the question.
La Quadrature du net attacks a provision made in the law extending the state of emergency, which allows the suspension of an online service. For the association for the defense of freedoms on the net, this is a measure “ eminently infringing on freedom of expression and totally disproportionate. »
The “exceptional circumstances” theory
If the legal framework for banning TikTok is established, justice does not respond immediately. As for the question of constitutionality, if the Council of State, which received the request, deemed it serious, the wise people would then have three months to respond to it. As for the interim relief, the Council of State yesterday gave the government 24 additional hours to provide “ additional elements. »
For its part, the government explained that it had targeted TikTok, and not other social networks, to “ reasons specific to the audience of the platform and technical characteristics. » Furthermore, the executive asserts that it does not draw its blocking power from the state of emergency, but from the theory of “ exceptional circumstances. » This is a case law started at the time of the First World War and which gives the executive the possibility of freeing itself from the law at the time of a crisis. The administrative judge then judges whether the measures taken were relevant or not.
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TikTok is a social media app primarily focused on creating and sharing short videos. TikTok has quickly become popular with a wide audience, especially among young people. The app allows users to create videos up to 3 minutes long, often featuring music, lip-syncing, dancing, comedy skits, and other forms of expressive performances.
TikTok is a social media app primarily focused on creating and sharing short videos. TikTok has quickly become popular with a wide audience, especially among young people. The app allows users to create videos up to 3 minutes long, often featuring music, lip-syncing, dancing, comedy skits, and other forms of expressive performances.
Source : The Informed
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