25-4-2024 (WASHINGTON) TikTok’s chief executive has vowed to mount a legal challenge against the legislation signed into law by President Joe Biden on April 24th, a legislation that threatens to ban the wildly popular short video app used by 170 million Americans.
Mere moments after Biden’s pen touched the parchment, CEO Chew Shou Zi took to the digital airwaves, posting a defiant video that left no room for ambiguity. “Rest assured – we aren’t going anywhere,” he declared, his words echoing with a resolute determination. “The facts and the Constitution are on our side and we expect to prevail again.”
The legislation in question grants China-based ByteDance, TikTok’s parent company, a 270-day window to divest the app’s US assets or face an outright ban. This deadline, set for January 19th, 2025 – a mere day before Biden’s term is set to expire – could be extended by three months if the President deems ByteDance to be making satisfactory progress. However, Biden’s aspirations for a second term against his formidable rival, former President Donald Trump, add an extra layer of intrigue to the situation.
Chew’s unwavering stance left no room for ambiguity. “Make no mistake – this is a ban on TikTok,” he emphasised, assuring users that the app would continue to operate as the company challenges the restrictions.
The four-year battle over TikTok’s fate has become a significant front in the ongoing technological war between Washington and Beijing. Driven by widespread concerns among US lawmakers that China could access Americans’ data or surveil them through the app, the bill garnered overwhelming support, passing the US Senate late on April 23rd and the House of Representatives on April 20th.
Last week, Apple revealed that China had ordered the removal of Meta Platforms’ WhatsApp and Threads from its App Store in China, citing national security concerns – a move that underscores the escalating tensions between the two superpowers.
TikTok is poised to challenge the bill on First Amendment grounds, and TikTok users are also expected to take legal action. A US judge in Montana, in November, blocked a state ban on TikTok, citing free-speech grounds – a precedent that could bolster TikTok’s case.
The American Civil Liberties Union has voiced its concerns, warning that banning or requiring the divestiture of TikTok would “set an alarming global precedent for excessive government control over social media platforms”.
However, experts suggest that the new legislation is likely to provide the Biden administration with a stronger legal footing to ban TikTok if ByteDance fails to divest the app. Failure to comply could result in app stores operated by tech giants like Apple, Alphabet’s Google, and others being barred from offering TikTok or providing Web-hosting services to ByteDance-controlled applications or TikTok’s website.
Furthermore, the bill would grant the White House new tools to ban or force the sale of other foreign-owned apps deemed to pose security threats.
Amidst the heated debate, Democratic Senator Ron Wyden has expressed his concern that the bill “provides broad authority that could be abused by a future administration to violate Americans’ First Amendment rights”.
On the campaign trail, Republican presidential candidate Donald Trump has accused President Biden of “pushing” for a ban on TikTok, urging voters to take notice and hold Biden responsible if such a ban were imposed.
Interestingly, while Biden’s re-election campaign plans to continue using TikTok, Trump’s campaign has thus far refrained from joining the platform.
