The French soldiers in front of the Nouméa-Magenta airport in New Caledonia on May 17, 2024. The Council of State did not suspend the blockage of the social network TikTok in New Caledonia, as announced in a statement on Thursday, May 23. The government implemented this blockage on May 15, citing TikTok’s role in the violence that has been occurring in the archipelago for the past ten days. The League of Human Rights, La Quadrature du Net, and three residents of New Caledonia had filed an emergency appeal on May 17, arguing that the blockage violated the freedoms of communication and information. The government’s justification for this exceptional measure, a first in French territory, was based on the use of TikTok by rioters to spread violent videos that incited the population. The associations, however, believed that the authorities had not provided concrete evidence linking TikTok to the violence.
Since the government could not rely on the law of April 3, 1955 related to the state of emergency, which only allows for the blockage of a site or network in cases of provocation to acts of terrorism or promotion of terrorism, it resorted to the “theory of exceptional circumstances.” This jurisprudence allows the administration to bypass the law during a crisis, a practice that was validated by the Council of State during the Covid-19 pandemic. In its decision published on Thursday, the Council of State noted that the applicants did not provide any evidence of urgency, meaning immediate and concrete consequences on their situation and interests. The blockage of the social network was deemed limited and temporary, with the government committing to lift it once the disturbances ceased. This decision does not definitively resolve the legality of the blockage, as other complaints, outside of the emergency procedure, could still be filed.
TikTok also publicly contested the blockage but did not take legal action. The company expressed regret on May 16 that an administrative decision to suspend its service was made in New Caledonia without any requests or inquiries from the local authorities or the French government. This development occurred in the context of ongoing discussions about electoral reform in New Caledonia, with President Emmanuel Macron pledging not to push through changes forcefully and to provide an update within a month. The situation remains fluid, with the potential for further legal challenges to the TikTok blockage in the future.
Overall, the decision by the Council of State not to suspend the TikTok blockage in New Caledonia has sparked controversy and raised concerns about the freedom of expression and the use of social media platforms during times of crisis. The government’s use of the theory of exceptional circumstances highlights the complexity of balancing security considerations with individual rights. The ongoing legal and political discussions surrounding the TikTok blockage underscore the challenges of regulating online content and addressing the impact of social media on societal dynamics. As the situation evolves, it will be important to monitor developments and assess the broader implications for governance and civil liberties in New Caledonia and beyond.
