Overview

• On April 1, 2025, the Conseil d'État officially ruled the May 2024 TikTok ban in New Caledonia illegal due to its disproportionate impact on freedoms of expression, communication, and access to information.
• The court established three conditions under which temporary social media bans could be justified in exceptional circumstances, such as addressing grave events where no less restrictive alternatives are available.
• The ruling highlights the tension between government emergency powers and the protection of civil liberties in the digital age.
• Critics warn that the precedent could lead to potential misuse of government powers to restrict digital platforms under the guise of exceptional circumstances.
• The decision marks a pivotal moment in defining legal boundaries for government authority over social networks during crises.