When Can the Government Legally Suspend Social Media?

What specific circumstances allow the government to legally impose a blockade on social media platforms?

The Council of State and TikTok’s Suspension in New Caledonia

The French government was recently admonished by the Council of State following the suspension of TikTok in New Caledonia in May 2024. While the reasoning behind the decision was sound, the method of its implementation raised concerns.

The Legality of the Suspension

It’s crucial to note that the government has the authority to enact such measures under extraordinary circumstances, even outside of emergency states like martial law. However, several conditions must be met for the legality of such actions. Circumstances such as access to public services or maintaining public order can justify these actions.

In the case of New Caledonia, extremely violent riots, facilitated through TikTok, resulted in fatalities. The Council of State deemed this a sufficient circumstance to cut off access to social networks.

Poorly Implemented Measure

However, the government failed to meet all the necessary conditions for implementing this measure. Initially, it should have set a provisional end date and considered less intrusive steps. This oversight led the Council of State to declare the approach illegal.

“The Prime Minister, recognizing the role played by the use of the social network TikTok in rapidly spreading these disturbances, given the algorithms employed by this network, was justified, in the absence of other immediately available technical means, in enacting a temporary measure to interrupt access to this service,” stated the Council of State in a declaration dated April 1, 2025.

Precedents and Exceptions

To illustrate the application of such measures, one can refer to the first 2020 lockdown, decreed through an extension of a provision in the Public Health Code. However, this measure was not explicitly anticipated by law and required the rapid adoption of a law to establish a health emergency state and legally secure the restrictions.

In conclusion, while the government has the right to suspend access to social networks in exceptional circumstances, it must adhere to all legal conditions to ensure the measure’s legality.