Legal Basis for Blocking/Banning TikTok
The Legal Basis for Blocking / Banning TikTok
As is known, the legal dimension of posts made on the social platform referred to as TikTok, which has been very much on the agenda recently, and the issue of removing or blocking the shared content, are of great importance.
First, I will try to provide information about the definition of the TikTok application, its areas of application, the countries that have implemented bans, and subsequently, its legal dimension. Namely;
TikTok, or by its name used in China, “Douyin”, is a social media application created on the basis of Musical.ly that allows users to create and share videos as well as providing the opportunity for live broadcasting. In September 2016, the application began to be used by users through social media by creating an account and signing up, by ByteDance. The application, which is the leader in the short video sharing platform in the Asian region and has spread to many countries, has become the fastest-growing application today in terms of short-duration music videos.
It has allowed users to produce short videos in musical, dance, comedy, acting, lip-sync, and other genres. 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 released for iOS and Android in most markets outside mainland China in 2017. It became available worldwide after merging with musical.ly, another Chinese social media service, 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 more than 2.2 billion mobile downloads worldwide.
The TikTok mobile application allows users to create short videos that often contain background music and can be sped up, slowed down, or edited with a filter. Additionally, users can add their own voices over the background music. Before uploading the video to share with others on TikTok or other social platforms, one can record a 15-second video with speed adjustments. Furthermore, short lip-sync videos to popular songs can also be shot by users. 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 application. Content is generated by TikTok's artificial intelligence (AI) depending 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. For users under 16, videos do not appear on the "for you" page, sounds page, or under any hashtags.
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 shoot 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 view their "drafts" and publish them when they find it appropriate. The application allows users to set their accounts as "private". 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 to TikTok, but is blocked from being viewed by TikTok users who do not have the account holder's authorization. Users also have the right to set specific videos as "public", "friends only", or "private".
Users are also allowed to report whether an 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 can be blocked and reported for their children.
When users follow other users, there is a "following" page to the left of the "for you" page. This page is a page only for seeing videos from accounts a user follows.
Users can also send videos, emojis, and messages to their friends via direct messaging thanks to the application. There is also a blocking feature in the application for users to prevent negative situations.
TikTok also includes a live streaming feature 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.
As of 2020, one of the newest features of the application is "Virtual Items". Following the addition of this feature to the application, many beauty companies and brands have created a TikTok account to join and advertise with this feature.
In February 2020, TikTok developed a "family safety mode" so that parents can control their children's digital well-being.
The TikTok application has been banned by many countries. The reasons for countries to 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, along with 223 other Chinese applications, was completely banned in India by the Ministry of Electronics and Information Technology on June 29, 2020. The ban was made permanent in January 2021. In February 2021, TikTok stated that it would terminate more than 2,000 jobs in India due to the ban.
Indonesia and Bangladesh; TikTok is intermittently blocked in Indonesia and Bangladesh on different grounds.
Pakistan; On October 11, 2020, Pakistan banned the social media platform because it did not comply with their government's issues regarding content on the platform.
Turkey; Access to TikTok in Turkey was blocked for a short period between the evening of February 8, 2023, and the morning of February 9, 2023. Most sources evaluated the outage as an access ban imposed to prevent manipulation regarding the Gaziantep-Kahramanmaraş earthquakes.
In the event that there is a violation of social order, public morality, or customs and traditions among the posts of TikTok users, certain bans are applied. If you think that another user on TikTok has infringed upon 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.
The question of how to remove content regarding violations of TikTok community guidelines has become a matter of curiosity recently. Namely; TikTok, which has users of all ages, sets some rules regarding the content produced. In cases where these rules are not followed or when users commit a rule violation, the violation is recorded, and the videos are removed. However, in some cases, videos can be removed even if no violation has been committed. In such cases, TikTok offers a solution. This solution is the removal of the violation through the feedback process. Attention is also paid to ensuring that content complies with community rules.
Violation removal processes on TikTok are carried out as follows:
First, it is necessary to log into the TikTok account. Then, users need to go to the notifications section on the opened page. 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 should be followed in order.
Apart from this, the other way to remove a violation 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 must be followed. The content must 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. Namely; Certain legal problems come to the fore 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 infringement, and regulation of advertisements. Cooperation is ensured between regulators, users, and the TikTok company for TikTok to fulfill its legal responsibilities and ensure the safety of its users. It is possible to file lawsuits and criminal complaints with the relevant Public Prosecutor's Offices with allegations that the application exposes young users to inappropriate content, does not explain the possibility of accessing sensitive consumer information, and promotes 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 content produced by users is contrary to morality and customs, that an act constituting a crime within the scope of the Turkish Penal Code has been committed, or that content has been produced at a level that will damage the dignity and reputation of individuals, it is possible to request an "Access Block" for the website by applying to the relevant Criminal Court of Peace by people who are harmed in the community.