The TikTok debate: Is there a legal basis for banning TikTok?

12punto.com.tr

The legal dimension of posts made on the social platform referred to as TikTok, which has been on the agenda quite a lot recently, and the issue of removing or blocking shared content are being discussed.

Lawyer Gizem Gonce, in her article written for 12punto titled "Is there a legal basis for banning TikTok?", explained the curiosities surrounding the world of TikTok and the reasons why TikTok has been banned in some countries.

Here is that article:

First of all, I will try to provide information about the legal dimension after explaining the definition and application areas of the TikTok application and the countries that implement blocking.

To wit; TikTok, or "Douyin" as it is called in China, is a social media application created on the basis of Musical.ly that allows users to create and share videos as well as live stream. It was started to be used by users via social media by creating accounts and signing up by ByteDance in September 2016.

The application, which is the leader in the short video sharing platform in the Asia region and has spread to many countries, has become the fastest-growing application today in the context of short-form music videos.

It has enabled users to produce short videos in genres such as musical, dance, comedy, acting, lip-sync, and others. According to the latest information, this application has exceeded the 1 billion user threshold in 150 countries. The social media platform is used to produce various short-form videos ranging from fifteen seconds to three minutes in genres such as dance, comedy, and education.

TikTok is considered an international version of Douyin, which was launched in the Chinese market in September 2016.

Subsequently, TikTok was launched for iOS and Android in most markets outside mainland China in 2017. It became available worldwide after merging with another Chinese social media service, musical.ly, on August 2, 2018.

Since its launch in 2016, TikTok/Douyin has rapidly gained popularity in East Asia, South Asia, Southeast Asia, the United States, Turkey, Russia, and other parts of the world. As of January 2022, TikTok has reached over 2.2 billion mobile downloads worldwide.

The TikTok mobile app allows users to create short videos that usually contain background music and can be sped up, slowed down, or edited with a filter. Users can also add their own voices over the background music. Before uploading the video to share with others on TikTok or other social platforms, they can record a 15-second speed-adjustable video. Users can also shoot short lip-sync videos to popular songs.

It is easy to download videos on TikTok. However, the application also gives users the right to turn off this feature. With the share button, it is possible to easily share the video from TikTok on other social networks, instant messaging, and as a story. Facebook, Twitter, Apple ID, and Google Account can be used to open an account on TikTok.

TikTok automatically gives the user a "user" account, and the user can add a password, email, social media addresses, and other information to this account. The "For You" page on TikTok is a feed of videos recommended to users based on their activity in the app. The content is generated by TikTok's artificial intelligence (AI) based on the content a user likes, interacts with, or searches for.

Users can also choose to add to favorites or select "not interested" on videos on their own pages. TikTok combines the content the user likes to provide videos they will also like.

According to TikTok policy, users and their content are filtered and can only be shown on the "for you" page if they are 16 years of age or older. Videos do not appear on the "for you" page, sounds page, or under any hashtag for users under 16. The application has many features.

First of all, the "react" feature of the application allows users to film their reactions to a specific video. This is placed in a small window that can move around the screen. The "Duet" feature allows users to film a video next to another video.

Users also have the right to store videos they do not want to publish yet in their "drafts". The user is allowed to see their "drafts" and publish them when they find it appropriate. The application allows users to set their accounts to "private".

'BLOCKED BY TIKTOK'

When first downloading the application, the user's account is public by default. The user can change this status to private in their settings. Private content remains visible by TikTok, but is blocked by TikTok users who are not authorized by the account holder to view their content. Users also have the right to set specific videos as "public", "friends only", or "private".

Users are also allowed to report whether the account's content is spam or inappropriate, depending on the content. In TikTok's support center under "For Parents", parents are assured that inappropriate content for their children can be blocked and reported.

When users follow other users, there is a "following" page to the left of the "for you" page. This page is a page to see only the videos from the accounts a user follows.

Thanks to the application, users can also send videos, emojis, and messages to their friends via direct messaging. There is also a blocking feature in the application to prevent negative situations by users.

TikTok also includes a feature to create a live stream based on the user's comments.

Influencers usually use the "live" feature of the application. This feature is valid only for those who are at least 16 years old and have at least 1,000 followers in accordance with the rules of the application. If they are over 18, the user's followers have the right to send virtual "gifts" that can later be exchanged for money.

'FAMILY SAFETY MODE DEVELOPED'

As of 2020, one of the newest features of the application is "Virtual Items". After this feature was added to the application, many beauty companies and brands created a TikTok account to join this feature and advertise.

TikTok developed a "family safety mode" in February 2020 so that parents can control the digital well-being of their children.

'REASONS FOR BANNING TIKTOK...'

The TikTok application has been banned by many countries. The reasons why countries ban the application are as follows;

United States; US President Donald Trump announced on August 1, 2020, that they would ban TikTok. Trump also signed a similar decision against the WeChat application owned by the Chinese multinational company Tencent. Subsequently, in June 2021, President Biden signed an executive order revoking the Trump administration's ban on TikTok and instead asked the Secretary of Commerce to investigate whether the application poses a threat to US national security.

India; TikTok was completely banned in India by the Ministry of Electronics and Information Technology on June 29, 2020, along with 223 other Chinese applications. The ban was made permanent in January 2021. In February 2021, TikTok stated that it would cut more than 2,000 jobs in India due to the ban. Indonesia and Bangladesh; TikTok is intermittently blocked in Indonesia and Bangladesh on different bases.

IN WHICH COUNTRY WAS TIKTOK BANNED AND WHY?

Pakistan; On October 11, 2020, Pakistan banned the social media platform because it did not comply with the issues regarding the content on the platform by their government.

Turkey; Access to TikTok was blocked in Turkey for a short time between the evening of February 8, 2023, and the morning of February 9, 2023. Most sources evaluated the interruption as an access ban imposed to prevent manipulation regarding the Gaziantep-Kahramanmaraş earthquakes.

If there is a violation of social order, public morality, and customs among the posts of TikTok users, certain bans are applied. If you think that another user on TikTok has infringed your copyright, you can contact the user directly to resolve the issue, or alternatively, you have the right to send a Copyright Infringement Report to request that the content alleged to be infringing be removed from TikTok.

How to remove content in terms of violation of TikTok community guidelines has become a matter of curiosity recently. To wit; TikTok, which has users of all ages, sets some rules regarding the content produced. In cases where these rules are not followed or if users violate the rules, the violation is received and the videos are removed. However, in some cases, videos can be removed even if no violation has been committed.

'TIKTOK OFFERS A SOLUTION'

In such cases, TikTok offers a solution. This solution is the removal of the violation through the feedback process. It also pays attention to ensuring that the content complies with social rules. Violation removal processes on TikTok are carried out as follows:

First, you need to log in to your TikTok account. Then, users need to come to the notifications section on the page that opens. Here, there is feedback regarding the content that received the violation. Users who click on this notification need to click on the submit appeal tab on the screen that appears. Then, the given instructions must be followed in order.

Apart from this, the other way to remove a violation on TikTok is as follows:

It is necessary to find the video that received the violation within TikTok and tap the details option. Then, the submit appeal option should be clicked. Again, the given instructions should be followed. The content should not be deleted during the appeal process. If the users are found to be right, the violation will be removed from the video.

There is a regulation in the TikTok application regarding compliance with disclosure and explicit consent obligations towards users.

'LEGAL PROBLEMS ARE ON THE AGENDA'

To wit; some legal problems come to the agenda with the posts of users regarding the TikTok application. Depending on current usage, legal problems can be summarized as follows; Data privacy and security, content moderation, copyright infringements, regulation of advertisements. Cooperation is provided between regulators, users, and the TikTok company to ensure that TikTok fulfills its legal responsibilities and ensures the safety of users.

'IT IS POSSIBLE TO FILE CRIMINAL CASES'

It is possible to file criminal cases with criminal complaints to be initiated at the Chief Public Prosecutor's Offices regarding lawsuits filed with allegations that the application exposes young users to inappropriate content, does not explain the possibility of accessing sensitive consumer information, and encourages various inappropriate content such as "depicting alcohol, tobacco, and drugs; sexual content, nudity and obscene themes, and intense profanity".

In addition, if it is determined that the content is contrary to morality and customs by users, that an act constituting a crime within the scope of the Turkish Penal Code has been committed, or if content is produced at a level that will damage the honor and dignity of individuals, it is possible to request "Blocking Access" to the website by applying to the relevant Criminal Court of Peace judgeship by the people harmed in society.

News Source: 12punto

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