Why did the chief ban TikTook? | EUROtoday

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Uan unprecedented determination. On Wednesday, in response to the riots which have already left 5 useless, together with two gendarmes, Prime Minister Gabriel Attal introduced the deployment of troopers “to secure” the ports and airport of New Caledonia, but additionally the ban on the community Chinese social TikTook.

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If the query had arisen in the course of the riots of 2023 after the dying of younger Nahel, killed by a police officer, this time the federal government has determined. A primary.

Why is TikTook within the authorities's crosshairs?

This measure is linked to the state of emergency regime, which supplies in article 11 of the regulation of April 3, 1955 regarding the state of emergency that the federal government “may take any measure to ensure the interruption of any online public communication service provoking or advocating acts of terrorism.” A “questionable” decision from a legal point of view according to public law lawyer Nicolas Hervieu. “The link with terrorism is more than doubtful…”, writes this law professor at Sciences Po and the University of Évry on his account X (ex-Twitter). The platform would in fact be used by rioters to promote their actions.

” It is definite that [TikTok] is recurrently implicated, as a result of its use, in acts of delinquency,” assured Emmanuel Pointas, vice-president of the Nouméa court docket, on BFMTV. For the latter, the platform made it attainable to “disseminate information which is not necessarily reliable information. And as it stands, the dissemination of unreliable information can only increase the risk of unrest and the risk of riots. We can conceive that access to verified information in the situation where we are also an element of the return to calm.”

READ ALSO Riots in New Caledonia: what’s the CCAT, described as “mafia” by Darmanin? Contacted by Point, the Prime Minister's workplace has not, right now, responded to our requests. Contacted by the specialised media Numerama, Gabriel Attal's workplace indicated that “TikTok was effectively banned on Wednesday by the PM and the government due to the interference and manipulation to which the platform, whose parent company is Chinese, is subject. The application is used as a medium for spreading disinformation on social networks, fed by foreign countries, and relayed by the rioters.

According to Nicolas Hervieu, this ban for this reason, “as serious as the situation may be”, “is *not at all* a reason provided for by law. This illegality raises questions.” “If the question of its legality is raised, the judge can say that the rioters had access to other social networks and that the ban was applied for specific reasons against a particular company,” the lawyer defined to Numerama Alexandre Archambault.

Is such a measure attainable in mainland France?

Since the beginning of the disaster in New Caledonia, the French authorities have strongly feared interference from Azerbaijan, a regime near Moscow. “Azerbaijan is not a fantasy, it is a reality”, regretting “that some of the separatists made a deal” with this regime.

This ban on TikTook “in effect and it works operationally (only on phones). It is the post and telecommunications office of New Caledonia which has intervened since yesterday to block access to the application,” Matignon mentioned on Wednesday night.

This ban is made attainable in New Caledonia specifically because of the particular jurisdiction making use of to the island, exterior the foundations of the European Union, ruled by the Digital Services Act. It can also be for this final cause specifically that such a measure couldn’t be taken unilaterally by the authorities in France within the occasion of riots in mainland France.

READ ALSO New Caledonia: “The constitutional revision project does not mention any new referendum” During the riots following Nahel's dying, Thierry Breton, EU Internal Market Commissioner, declared on France Info that “if the platforms do not act immediately” to take away content material inciting hatred, “then , yes, we will be able at that time not only to give a fine, but to prohibit exploitation on our territory.” He then explained in an open letter that it is up to judges to ban social networks, “excessive conditions”, “as a final resort”, “as, for instance, within the occasion of systemic incapacity (of the platform, Editor's observe) to place an finish to offenses linked to requires violence or manslaughter. This blocking can, nevertheless, be simply circumvented utilizing VPN-type instruments.