The recent legislation requiring TikTok‘s Chinese owners to divest in order to avoid a US ban has set off a flurry of reactions from both the social media app and Beijing-based ByteDance. This move has been met with strong opposition, with the argument being made that it infringes on the free-speech rights of the app’s massive user base. TikTok has vowed to challenge the law in court and is confident in its ability to prevail. The signing of the bill by President Joe Biden marks the beginning of a 270-day countdown for TikTok to either sell or face prohibition in the US.
The bill comes after increased scrutiny in Washington regarding TikTok’s Chinese ownership and the potential risks it poses to US national security. There are concerns that China could use the app as a propaganda tool and demand access to US users’ data. Despite these allegations being denied by both ByteDance and officials in Beijing, the issue has escalated to a point where a decision must be made regarding TikTok’s future in the US.
For TikTok’s 170 million monthly US users, the looming ban presents a wave of uncertainty. Many users, including content creators and merchants who rely on the platform for their livelihood, face financial repercussions if the ban is implemented. Businesses have leveraged TikTok’s unique format to connect with customers in creative ways, and a ban would disrupt this critical channel for engaging with younger audiences and building brand visibility.
While some lawmakers believe that the bill will survive court review, there are concerns raised by rights groups regarding the potential violation of the First Amendment. The Electronic Frontier Foundation’s civil liberties director highlighted the legal complexities involved when a foreign communications system used by US citizens is targeted for restriction. The legal battle that is set to unfold could have far-reaching implications for how foreign-owned platforms are treated in the US.
ByteDance sees a TikTok divestiture as a last resort, and the company is exploring legal options to challenge the legislation. The goal is to obtain a restraining order on the law and engage in a legal battle that could prolong the process. TikTok’s head of public policy for the Americas has vowed to continue fighting against the ban, signaling a prolonged and uncertain road ahead for the popular video-sharing platform.
With the divestiture deadline set to align closely with the next presidential inauguration, there is a possibility that a new administration could influence the outcome. President Biden has the option to extend the deadline by an additional 90 days if progress is made toward a sale, potentially delaying any ban until well into the next presidential term. The political sensitivities surrounding targeting TikTok during an election year have not gone unnoticed by lawmakers, who are keen to assure young Americans that their voices will not be silenced.
The battle to avoid a US ban presents significant challenges for TikTok and ByteDance. The legal, political, and business implications of this decision will have a lasting impact on the future of social media platforms and foreign-owned companies operating in the US. The outcome of this fight will not only shape the fate of TikTok but also set a precedent for how similar issues are addressed in the future.