Overview

• The Council of State's legal report criticized the French government's temporary TikTok ban in New Caledonia last May, citing disproportionate interference with freedom of expression.
• The ban, implemented by then-Prime Minister Gabriel Attal, aimed to curb coordination among rioters during deadly unrest over electoral reforms.
• The report highlighted the government's failure to explore less restrictive alternatives, such as engaging directly with TikTok to address concerns.
• Concerns about potential foreign interference, particularly from Azerbaijan, were cited as additional justification for the ban at the time.
• This case marks the first time the Council of State evaluates the overlap of 'state of emergency' and 'exceptional circumstances' legal frameworks, raising broader questions about executive power limits.