Ligue des droits de l’homme and others · Nos. 494511, 494583 and 495174
Conseil d’État, Assembly · 1 April 2025
During serious unrest in New Caledonia in May 2024, the government blocked access to TikTok across the territory. Users sharing ordinary information lost access alongside people circulating violent content. Civil liberties groups and individuals challenged the decision. By the time the court ruled, the service was working again.
How the judges tested the shutdown
The Conseil d’État accepted that an exceptionally serious threat could justify a temporary interruption if ordinary measures could not meet the danger. But the decision had tied the shutdown to the persistence of unrest. It had not confined it to the time needed to investigate and implement less restrictive measures, such as disabling a particular feature.
What the challengers achieved
The court annulled the government’s decision. Since the block had already ended, the judgment did not switch anyone’s account back on. It established that this particular restriction was unlawful and identified the justification the government would need for such a sweeping interference.
The question to ask about an emergency measure
Look for the decision’s start, stopping condition and alternatives. An urgent reason to act on the first day does not by itself explain why every user should lose every function for as long as disorder continues.
Read the Conseil d’État Assembly decision
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