In response to a petition from voluntary organisations and private individuals, the urgent applications judge of the Conseil d’Etat did not suspend the ban on the social media platform TikTok in New Caledonia. The judge held that the petitioners failed to provide evidence that the ban would have immediate and concrete consequences on their situation and interests, which is a “condition of urgency” required for an intervention by an urgent applications judge. In a context in which all the other social networks and the press, television and radio remain available, and on the grounds that the temporary ban is aimed at helping to make the archipelago safe again, the Conseil d'Etat dismissed the petition.
Against the backdrop of a serious breakdown of law and order (attacks on and destruction of public buildings, infrastructure and shops, with many casualties), which has led to the declaration of a state of emergency in New Caledonia, the decision was made to block access to TikTok because it was used during the ongoing violence. Voluntary organisations and private individuals had petitioned the Conseil d'Etat for a suspension of the ban as a matter of urgency.
For the urgent applications judge to intervene, the government decision must seriously and clearly unlawfully breach a fundamental freedom, but the condition of urgency provided by the law must also be fulfilled, i.e. the disputed measure must have immediate and concrete consequences for the situation and interests of the petitioners. To appreciate whether that condition of urgency is fulfilled, the judge must also take account of the public interest of the implementation of the disputed measure.
In this case, the petitioners claim a breach of the freedoms of expression and communication, but do not mention any circumstance that justifies urgency. Indeed, they put forward the hypothesis that the breach of freedoms is sufficiently serious for the presumption of urgency to be recognised, so that urgency does not need to be demonstrated. The judge found, however, that the measure to suspend the social media platform is limited, as none of the other means of communication and information are affected, and also temporary, as the government is committed to lifting the ban as soon as law and order returns.
In the absence of evidence of immediate and concrete consequences for the situation and interests of the petitioners, and in view of the public interest in the restoration of law and order, the Conseil d’État dismissed the petition for the suspension of the ban on TikTok in New Caledonia.
Read the decision (in French)