La Quadrature du Net recordsdata a brand new criticism | EUROtoday

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La Quadrature du Net introduced on Wednesday June 5 that it had filed a brand new criticism in opposition to the blocking of TikTook in New Caledonia. The affiliation for the protection of elementary freedoms in digital expertise made this enchantment in extra of its powers on May 27, 4 days after its first enchantment, in abstract proceedings, was rejected by the Council of State. “To block TikTok, the government was presented with no obstacle, no safeguards, and never had to justify its measure”deplores the group.

The blockage of the Chinese platform, which was imposed in New Caledonia by the federal government on May 15, was lifted on May 29. But La Quadrature du Net may invalidate this measure a posteriori if she received her case due to this new process. “This is the classic litigation route, but longer, when you want to challenge an administrative decision”explains the affiliation, which expects that“one or two years” move earlier than some final result.

In its enchantment, some thirty pages lengthy, La Quadrature du Net denounces pell-mell a “serious and manifest illegal attack on freedom of expression, communication of ideas and opinions, and access to information”a “in no way necessary, radically inappropriate and manifestly disproportionate” and a “lack of legal basis” permitting the federal government to make this choice.

Read the reasons | New Caledonia: why and the way TikTook was blocked

The government had invoked two distinctive regimes to justify its blocking: the legislation of April 3, 1955 referring to the state of emergency, initially, then the “exceptional circumstances theory”. But, in accordance with La Quadrature du Net, no strong proof has been offered as to the supposed position of TikTook as a catalyst for the violence going down in New Caledonia for a number of weeks.

Even if entry to the video platform has since been restored, for the French affiliation additionally it is a query of contesting the institution of a precedent. The blocking of a social community by a member nation of the European Union is, in reality, a primary and symbolizes, in accordance with La Quadrature du Net, “a turning point in the authoritarian rise in France and in the failure of our institutions to prevent it”.

Read additionally | Article reserved for our subscribers The blocking of TikTook in New Caledonia, a primary in France which raises questions in a rule of legislation

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