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Tik Tok is one of the apps used for creating and sharing short videos. It got caught in a case in the peak of its usage. The main concern of the court is the misuse of the app to promote inappropriate and obscene videos of children and women to the wrong age group who do not have the idea of the harms videos viewed by them.
Supreme Court refused to allow the plea of transfer the pending case of the Bytedance Technology (the Indian operator and marketer of Tik Tok app) to the Madras High Court.
Chief Justice Ranjan Gogoi was of the view that the questions relating to the violation to the freedom of speech was to be answered by the High Court itself after the bench was headed by him.
An ex- parte order was passed by the Madurai Branch of the Madras High Court on 3rd April to ban the application Tik Tok as it was dangerous for children due to the inappropriate content. A PIL was filed seeking the ban of the application due to the inappropriate language and pornography videos being posted on the application. A special leave application was filed by Bytedance (India) Technology Private Limited against the order directed by the Madurai branch the application. The High Court refused to lift the ban after the hearing and Google blocked the access to the application on play store on the basis of the High Court order.
As the order was not in the favour of the company Bytedance Technology, they made another application in the Apex Court. The Supreme Court Bench made it clear that if the Madras High Court fails to decide on the plea the ban by 24th April order will be lifted automatically
Justice N.Kirubakaran and Justice SS Sundar on 24th April said that it is concerned only about the crimes against children and hence banned the Tik ToK mobile Application download.
The Court held that the creator of platform of users for commercial purpose may not take shelter under article 19(1)(a) of Constitution of India for the issue raised by Bytedance of violation of Fundamental Right to Speech and Expression
The affidavit filed by Tik Tok highlighted the safety features used by them.It was submitted that there are automated tools that are industry standard that can detect pornography content that might be posted and immediately remove the same.
In the affidavit the company said it can take down mechanism precluding Artificial Intelligence forward algorithms that detect illegal content including such content that is violate of any law such as section 354 C of Indian penal Code 1860 and Ssection 66 of IT Act 2000 and remove or disable them instantly.
“Though it is admitted that this possible mischief and irreparable damage that may be caused innocent children and women cannot be ruled out, taking note what are the safety features projected by 9th respondent and statutory protection and remedies available under the statue at the internal order granted by fort on 3rd April 2019 is located.”
On 5th May, the Tik Tok management was warned that if the inappropriate videos are not filtered then it will lead to Contempt of Court.
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