Court rulings see TikTok edge closer to being banned in US
Chinese social media giant TikTok has been hit a massive roadblock that could see it lose 170 million users.
Social media app TikTok has edged a step closer to being banned in the US after a court rejected its appeal against laws requiring it to divest from its Chinese parent company.
President Joe Biden in April signed a law which would block the popular platform – used by 170 million Americans – from US app stores and web services over national security concerns.
On Friday, US time, a federal appeals court in Washington DC upheld the law that would mean TikTok’s owner ByteDance must sell its assets to a non-Chinese entity by January 19.
Judge Douglas Ginsburh said the app’s millions of US users “will need to find alternative media of communication”.
“That burden is attributable to (China’s) hybrid commercial threat to US national security, not to the US government, which engaged with TikTok through a multi-year process in an effort to find an alternative solution.”
TikTok said it would now appeal to the Supreme Court, which could choose to take up the case or let the circuit court’s decision stand.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” the company said in a statement.
US Attorney-General Merrick Garland welcomed the decision saying the Justice Department was “committed to defending Americans’ sensitive data from authoritarian regimes that seek to exploit companies under their control”.
“Today’s decision is an important step in blocking the Chinese government from weaponizing TikTok to collect sensitive information about millions of Americans, to covertly manipulate the content delivered to American audiences, and to undermine our national security,” he said His deputy, Lisa Monaro, added the laws passed by congress “have never been about restricting free speech but rather breaking the ties that bind TikTok to the regime in Beijing”.
“This law protects Americans from the national security risks posed by the current ownership of TikTok in a manner that is consistent with the Constitution,” Ms Monaro said.
The plan to block the immensely popular app has proved divisive among the American population, with a string of free speech organisations labelling it “censorship – plain and simple”.
“Passing this legislation would trample on the constitutional right to freedom of speech of millions of people in the United States,” a coalition of groups against the bill said in a letter to congress.
In December 2023, a judge prevented Montana from becoming the first state to officially ban TikTok ruling the law “oversteps state power and infringes on the constitutional rights of users”.
TikTok will be looking to president-elect Donald Trump, who has emerged as an unlikely ally, arguing that a ban would mainly benefit Facebook parent company Meta’s platforms, owned by Mark Zuckerberg.
Mr Trump’s stance reflects broader conservative criticism of Meta for allegedly suppressing right-wing content, including the former president himself being banned from Facebook after the January 6, 2021, Capitol riot by his supporters.
The US government alleges TikTok allows Beijing to collect data and spy on users. It also says TikTok is a conduit to spread propaganda, though China and app owner ByteDance strongly deny these claims.
“Donald Trump could be a lifeline for TikTok once he takes office, but halting the enforcement of the ban is easier said than done,” said Emarketer lead Analyst Jasmine Enberg.
“And even if he does manage to save TikTok, he’s already flip-flopped on his stance toward the app and there’s no guarantee he won’t go after it later.”
The president-elect launched his own TikTok account in June, gaining 14.6 million followers, but has not posted since Election Day.
Despite the uncertainty, TikTok’s presence in the US continues to grow.
The platform reported US$100 million in Black Friday sales for its new shopping venture, and Emarketer projects US ad revenue will reach $15.5 billion next year, accounting for 4.5 per cent of total digital ad spending in the country.
But Ms Enberg warned a ban would significantly disrupt the social media landscape, benefiting Meta, YouTube, and Snap while harming content creators and small businesses dependent on TikTok.
Gautam Hans, professor at Cornell Law School, said the judges treated the government’s national security argument “with great deference … while undervaluing the radical effects this unfortunate decision will have for individual speakers and First Amendment doctrine.” But given the unanimous ruling and the short timeline before the law’s date of taking effect, it was “unlikely that the Supreme Court will take the case, which will almost certainly lead to TikTok’s demise in just a handful of weeks,” he added.
Carl Tobias, of the University of Richmond, said that given the “critical implications” of the issues in question the Supreme Court would likely take the case.
– with AFP.
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