‘Tiktok’, a mobile application owned by Bytendance Technology Pvt Ltd allows a user to creat and share short videos. A very popular app among people got banned by the order of Madras High Court earlier this month. The High court acting upon the PIL by an advocated banned the application stating it to be “inappropriate” for children and expose them to several dangers. Following the order Google and Apple removed the app from their playstore.
However, in defense of the application Bytendance said that the app is for circulation of “fun” and “amusing” videos and posed no threat to life, liberty and security of an individual. The app operator contends that all inappropriate videos flagged by users are removed and claims overwhelming majority of persons are using it legitimately for personal entertainment purpose only.
Bytendance technology later requested for suspension of the ex-parte ban imposed but the HC refused to do so. The app owner company has further now approached the Supreme Court, contending that order was passed ex-parte and further argued that under Sec 79 of IT act intermediaries cannot be held liable for third parties act. However, upon rejecting the appeal the bench of Chief Justice Ranjan Gogoi said if the Madras HC fails to decide on plea of by April 24th, then its ban will stand automatically lifted.
The bench of Justice Kirubakaran and SS Sundar appointed Senior Advocate Arvind P Datar as amicus curiae to assist the Court, the matter is listed on 24th April for hearing.