Madras HC lifts ban on TikTok video app on SC direction
25 Apr 2019
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The Madurai Bench of the Madras High Court on Wednesday lifted the ban on mobile video app TikTok but with conditions that the video sharing platform should ensure that nude or obscene content is not uploaded through the app.
A bench of Justices N Kirubakaran and SS Sundar lifted the ban after hearing submissions made by TikTok and Amicus Curiae, senior advocate Arvind Datar.
Appearing for TikTok, senior advocate Isaac Mohanlal informed the court that there is technology in place to ensure that nude/obscene content is not uploaded through the app. TikTok also filed a counter affidavit to this effect.
Further, TikTok, which is owned by Chinese company ByteDance, also made submissions on the steps taken to counter the apprehensions raised by the High Court following its 3 April ban.
On April 3, the High Court had passed an interim order asking the Central government to ban the downloading of the app in India. The court had also ordered the media to not telecast videos taken using the app. In its interim order, the court had also said that TikTok encourages pornography, making child users vulnerable to sexual predators.
During the hearing, Amicus Curiae Datar also submitted that online speech is protected under Article 19 (1) of the Constitution. But, he said, there cannot be a system where something which is statutorily permissible becomes judicially impermissible. He also said banning the app may not be the solution and that the rights of legitimate users must be protected.
A petitioner in the case submitted that the ban must remain in place because TikTok is a Chinese app and it can pose threat to India. The court, however, said that it is only concerned with the protection of online users, particularly children, against cybercrime.
The court, however, said any failure on the part of TikTok to follow the condition that it will not upload any pornographic videos on its platform will amount to contempt of court.
Reacting to HC's verdict, ByteDance said in a statement, "We are glad about this decision and we believe it is also greatly welcomed by our thriving community in India, who use TikTok as a platform to showcase their creativity. We are grateful for the opportunity to continue serving our users better. While we’re pleased that our efforts to fight against misuse of the platform has been recognised, the work is never “done” on our end. We are committed to continuously enhancing our safety features as a testament to our ongoing commitment to our users in India."
The Madras HC heard the case on Wednesday after the Supreme Court on Tuesday directed it to pass an order extending interim relief for TikTok, latest by 24 April, or lift the ban altogether.
In its plea before the SC, ByteDance had said that the High Court had passed the order without hearing its argument and the company is suffering losses worth crores of rupees each day due to the ban.
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