Indian court lifts ban on Chinese social media app TikTok
National Legal News
An Indian court on Wednesday lifted its ban on Chinese social media video-sharing app TikTok on the condition that the platform popular with teenagers would not be used to host obscene videos.
Justices N. Kirubakaran and S.S. Sundar warned TikTok that any video on the app violating conditions would be considered contempt of court.
India is a major market for social media platforms given its population of 1.3 billion people.
In a statement, TikTok welcomed the court decision and said it is committed to enhancing its safety features.
The Madras High Court in southern India imposed the ban on the mobile app earlier this month, expressing concern over pornographic content being made available through such apps.
The ban was challenged by the Chinese company ByteDance, which owns the app. Bytedance approached the Supreme Court to remove the ban, but the case was referred back to the High Court in Tamil Nadu state.
Muthukumar, an Indian who filed a petition in the court, said that TikTok encouraged pedophiles because the contents were very disturbing. Muthukumar, who uses one name, said the children who used the mobile application were vulnerable and may get exposed to sexual predators.
Apple and Google are expected restore the app soon.
Bytedance has stated that it remains "very optimistic" about the Indian market and plans to invest $1 billion in the country over the next three years, the Press Trust of India news agency reported.
In an interview with PTI, Helena Lersch, ByteDance's director of international public policy, said the company already has a content moderation team in India and that it is strengthening the team further.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.