Mobile app TikTok (applicant) has approached the Supreme Court seeking relief against the ban imposed on it pursuant to an order of Madras High Court..In an application filed through PLR Chambers & Co., TikTok has prayed for grant of status quo as it existed prior to the High Court order of April 3 by which the Central government was directed to prohibit downloading of the App..The application by TikTok states that pursuant to the Madras High Court order of April 3, the Ministry of Electronics and Information Technology sent a communication to TikTok to comply with the Court order and to send a compliance report. Subsequently, Google, Apple App Stores removed TikTok on their respective app stores. TikTok has contended that the order of April 3 and the subsequent communication of IT Ministry and the removal of TikTok by digital distribution providers (App Stores) violate the fundamental right to free speech and expression and the right to livelihood of numerous citizens..It has been submitted that around 200 persons employed by TikTok are at the risk of losing their jobs. Tiktok has implemented an age-gate mechanism from April 4, 2019 as per which, users will have to disclose their age in order to access the platform. Thus, access to the App will be available only to users who are teenagers and above..IT Act and Intermediary.Its TikTok’s contention that it is only an intermediary under the IT Act and cannot be held liable for actions of the third parties on its platform. An intermediary is a passive provider of technology who performs functions relating to storage or processing of electronic record without any direct involvement in generation of content. Hence, they have been given a safe harbour under Section 79 of the IT Act which exempts intermediaries from liability for actions of third parties provided the intermediary has complied with the conditions laid down by the law..The High court has failed to understand that TikTok is an intermediary on which users can generate and post content. The platform itself has no role in the selection or creation of content but only provides the technology tools for capturing and posting such content online..It has complied with all the legal requirements and has also implemented industry standard solutions to address problems relating to pornography and illegal behaviour, the plea states..Why not Facebook, Twitter, Instagram and others?.Interestingly, TikTok has contended that the action against it is “selective”, since the problems faced by TikTok are exactly the same as issued faced by other social media platforms and there is no problem with the content that is unique to TikTok. Selective action against TikTok is violative of Article 14, it has been contended..TikTok has also placed reliance on the Supreme Court judgment in Shreya Singhal v. Union of India wherein the Court had ruled on the standard of “actual knowledge” of illegal content on intermediary platforms..It has, therefore, sought that status quo as it existed prior to the Madras High Court order of April 3 be restored. Further, a direction has also been sought to withdraw the IT Ministry’s communication of April 15 and to intimate Digital distribution providers like Google and Apple to make the App available on their respective platforms..The Madras High Court had ordered a ban on the download and use of the video-sharing app on April 3..In response, TikTok had moved the Supreme Court against the Madras High Court’s order, contending that the High Court’s ex-parte order was arbitrary and illegal..When the matter came up before the Supreme Court on April 15, a Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna declined to stay the Madras High Court order. Instead, it listed the matter for April 22, on which date the Court was to be apprised of the developments at the Madras High Court in the case. Subsequently, the Madras High Court heard the case on April 16 and had refused to vacate its order of April 3..This has prompted TikTok to file the current application in Supreme Court. The case is listed for tomorrow as item 28 in the court of Chief Justice of India..Recently, the Internet and Mobile Association of India has also made a statement saying, “any arbitrary ban on social media platforms and intermediaries could impede foreign direct investment and affect the expansion of the digital India initiative”..In the United States, TikTok settled a case with the Federal Trade Commission. The allegation was that the company illegally collected personal information from children. This was the largest civil penalty ever obtained by the FTC in a children’s privacy case. [Click here to read FTC complaint copy].Read Also:Continued use of Section 66A: SC directs copies of Shreya Singhal judgment to be made available to DGPs, District Courts.Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
Mobile app TikTok (applicant) has approached the Supreme Court seeking relief against the ban imposed on it pursuant to an order of Madras High Court..In an application filed through PLR Chambers & Co., TikTok has prayed for grant of status quo as it existed prior to the High Court order of April 3 by which the Central government was directed to prohibit downloading of the App..The application by TikTok states that pursuant to the Madras High Court order of April 3, the Ministry of Electronics and Information Technology sent a communication to TikTok to comply with the Court order and to send a compliance report. Subsequently, Google, Apple App Stores removed TikTok on their respective app stores. TikTok has contended that the order of April 3 and the subsequent communication of IT Ministry and the removal of TikTok by digital distribution providers (App Stores) violate the fundamental right to free speech and expression and the right to livelihood of numerous citizens..It has been submitted that around 200 persons employed by TikTok are at the risk of losing their jobs. Tiktok has implemented an age-gate mechanism from April 4, 2019 as per which, users will have to disclose their age in order to access the platform. Thus, access to the App will be available only to users who are teenagers and above..IT Act and Intermediary.Its TikTok’s contention that it is only an intermediary under the IT Act and cannot be held liable for actions of the third parties on its platform. An intermediary is a passive provider of technology who performs functions relating to storage or processing of electronic record without any direct involvement in generation of content. Hence, they have been given a safe harbour under Section 79 of the IT Act which exempts intermediaries from liability for actions of third parties provided the intermediary has complied with the conditions laid down by the law..The High court has failed to understand that TikTok is an intermediary on which users can generate and post content. The platform itself has no role in the selection or creation of content but only provides the technology tools for capturing and posting such content online..It has complied with all the legal requirements and has also implemented industry standard solutions to address problems relating to pornography and illegal behaviour, the plea states..Why not Facebook, Twitter, Instagram and others?.Interestingly, TikTok has contended that the action against it is “selective”, since the problems faced by TikTok are exactly the same as issued faced by other social media platforms and there is no problem with the content that is unique to TikTok. Selective action against TikTok is violative of Article 14, it has been contended..TikTok has also placed reliance on the Supreme Court judgment in Shreya Singhal v. Union of India wherein the Court had ruled on the standard of “actual knowledge” of illegal content on intermediary platforms..It has, therefore, sought that status quo as it existed prior to the Madras High Court order of April 3 be restored. Further, a direction has also been sought to withdraw the IT Ministry’s communication of April 15 and to intimate Digital distribution providers like Google and Apple to make the App available on their respective platforms..The Madras High Court had ordered a ban on the download and use of the video-sharing app on April 3..In response, TikTok had moved the Supreme Court against the Madras High Court’s order, contending that the High Court’s ex-parte order was arbitrary and illegal..When the matter came up before the Supreme Court on April 15, a Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna declined to stay the Madras High Court order. Instead, it listed the matter for April 22, on which date the Court was to be apprised of the developments at the Madras High Court in the case. Subsequently, the Madras High Court heard the case on April 16 and had refused to vacate its order of April 3..This has prompted TikTok to file the current application in Supreme Court. The case is listed for tomorrow as item 28 in the court of Chief Justice of India..Recently, the Internet and Mobile Association of India has also made a statement saying, “any arbitrary ban on social media platforms and intermediaries could impede foreign direct investment and affect the expansion of the digital India initiative”..In the United States, TikTok settled a case with the Federal Trade Commission. The allegation was that the company illegally collected personal information from children. This was the largest civil penalty ever obtained by the FTC in a children’s privacy case. [Click here to read FTC complaint copy].Read Also:Continued use of Section 66A: SC directs copies of Shreya Singhal judgment to be made available to DGPs, District Courts.Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
