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Madras HC may hold TikTok in contempt if it fails to moderate “negative”, “inappropriate” or “obscene” content

Screenshots from TikTok App

On April 24, the Madras High Court lifted its interim ban on video-sharing app TikTok, with the condition that pornographic videos would not be uploaded on the app. An order of the court’s order is now public; it states that the court considers TikTok submissions to it an undertaking that any "negative and inappropriate or obscene materials would be filtered and if any violation is found later, this Court would seriously view it as contempt of Court." [Nikhil adds: The order however does not define what may be construed as negative, inappropriate or obscene. These words are vague and open to interpretation. Additionally, Tiktok seems to have given an assurance of due diligence, as required by law, and not a guarantee of taking down content. Safe harbor provisions should still apply to them.] The High Court said it endeavors to safeguard people, especially women and children, and its aware that “mischief and irreparable damage” via the platform “cannot be ruled out”. However, taking note of the TikTok’s safety features and available statutory remedies and protections, it vacated the interim ban on the app. Any tech innovation should be used for “constructive activities and not be used for commission of offenses”, the court stated, while lifting the ban. Here are the justifications for lifting the ban: (See a copy of the court's order at the bottom) 1. TikTok is a platform: According to the order, the court is “convinced” that TikTok is a platform which does not have any control over…

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