In July 2023, the French government raised the possibility of shutting down social media in mainland France following riots sparked by the death of Nahel M. Today, that possibility has become a reality. TikTok was blocked in New Caledonia, a French overseas territory that is the scene of violent riots following the vote by the Assemblée Nationale, on May 15, of a constitutional revision aimed at expanding the electoral body on the archipelago by including all citizens who have resided in the territory for 10 years. The reform is highly contested by pro-independence groups, who fear that the law will dilute the representation of the indigenous Kanak population.
The announcement of the platform's restriction came on May 15 via Prime Minister Gabriel Attal, who disclosed that Louis Le Franc, the high commissioner for New Caledonia, "banned TikTok" on the archipelago. At the time of the announcement, the reasons for the ban were not specified, but AFP noted that the measure aimed to "limit contact between rioters." While internet blackouts are fairly common in countries considered undemocratic, it is a measure unheard of in France. But is it legitimate? Is it legal? Why is TikTok being targeted?
This measure is justified by the French government on the basis of the 1955 State of Emergency Act, updated in 2015. The law allows the interior minister, during a declared state of emergency, to "take any measure to ensure the interruption of any online public communication service provoking the commission of acts of terrorism or glorifying them."
Exceptional legal regime
In this case, the current state of emergency in New Caledonia allows the government to take exceptional measures and restrict the exercise of certain fundamental rights and freedoms to deal with a particularly serious situation. It is therefore an exceptional legal regime that also allows measures to be put in place more quickly than usual. On paper, therefore, this measure might seem legitimate and legal.
Some commentators suggest that while in mainland France the issue would fall under European law, making the implementation of such a measure more restrictive, the specificity of New Caledonia's legal framework would make the task simpler. As the country has only one telecoms operator, blocking access to servers is subject neither to European Union scrutiny nor to the difficulties associated with coordinating several companies. Nevertheless, it would appear that the framework of international human rights law is falling by the wayside.
You have 59.76% of this article left to read. The rest is for subscribers only.