Madhya Pradesh HC Disposes PIL Against Tik Tok App As 'Infructuous' [Read Order]

The Madhya Pradesh High Court has disposed of a Public Interest Litigation against Tik Tok observing that it has become infructuous.

One Naman Choubey had approached the court submitted that the mobile application owned by a Chinese firm named M/s. Bytedance is causing harmful and hazardous effect on the children and youth of the country who are becoming addicted to it causing degradation of their mental health, moral ethics and sense of judgement. He sought a direction to TRAI and Government to initiate remedial/penal measures against the Chinese company

"During the course of arguments it came to light that the Government of India by order dated 29.6.2020 has for the time being imposed a ban over the said app. In view of the above ban imposed by the Government of India, the grievance of the petitioner appears to be redressed at least for the time being.", said the bench comprising Justice Sheel Nagu and Rajeev Kumar Shrivastava.

While disposing the PIL, the bench also granted liberty to the petitioners to revisit the court in case of arising of any fresh cause of action. 

The Central Government  last week decided to block 59 mobile apps, mostly Chinese, including Tik Tok, ShareIt, UC Browser, Cam Scanner, Xender etc. The Ministry of Electronics & Information Technology has decided to invoked powers under Section 69A of the Information Technology Act, 2000, read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 to block these apps, citing threat to sovereignty and integrity of India, defence of India, security of state and public order.

Last year, while considering a PIL with more or less similar prayers against the Tik Tok, the Madras High Court had ordered to prohibit the download of the Application. This order was later vacated by the High Court with a warning that that if it violates its undertakings to filter negative and inappropriate or obscene materials, it can amount to contempt of court.

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