A federal appeals court in the United States has upheld a law that compels TikTok, the popular social media platform owned by Chinese-based ByteDance, to sell its US operations to a non-Chinese company or face a complete ban in the country. This ruling, issued on Friday, marks the latest development in a protracted battle between the US government and TikTok, raising significant questions about national security, free speech, and digital rights.
ByteDance has until 19 January 2025 to comply with the order, leaving TikTok’s 170 million American users uncertain about the app’s future.
The court’s decision
The three-judge panel of the appeals court concluded that the law targeting TikTok “survives constitutional scrutiny.” Judge Douglas Ginsburg, writing on behalf of the panel, described the measure as “carefully crafted to address control by a foreign adversary” and part of a broader strategy to mitigate national security risks posed by the People’s Republic of China (PRC).
“TikTok’s millions of users will need to find alternative media of communication,” Judge Ginsburg said. He attributed this burden not to the US government but to the “hybrid commercial threat” posed by China.
TikTok’s response
TikTok has strongly opposed the ruling, arguing that divestiture is not feasible from a technological, commercial, or legal standpoint. Michael Hughes, a spokesperson for TikTok, announced the company’s intention to appeal the decision to the US Supreme Court.
“The Supreme Court has a historical record of protecting Americans’ right to free speech, and we expect them to uphold this principle on such a critical constitutional issue,” Hughes stated. He criticised the law as being based on “inaccurate, flawed, and hypothetical information,” warning that it could result in the censorship of millions of Americans.
A long-running dispute
TikTok has faced mounting scrutiny over the past few years, with lawsuits, congressional hearings, and inquiries at both state and federal levels. The situation escalated in April 2024, when President Joe Biden signed a bill into law requiring ByteDance to sell TikTok’s US operations or face a ban. The app had already been banned at the state level in Montana, though a judge blocked that law from taking effect.
The US government asserts that TikTok poses a national security risk due to its potential for Chinese authorities to access Americans’ personal data or manipulate the app’s content. While no concrete evidence has been disclosed to support these claims, US lawmakers argue the risk is significant enough to warrant stringent action.
Democratic Congressman Josh Gottheimer emphasised these concerns, stating: “The Chinese Communist Party has made it abundantly clear that it is willing to leverage technology to collect data on our children and all US citizens. It’s time we fight back against TikTok’s information invasion.”
More Read
ByteDance’s defence
TikTok and its parent company ByteDance have consistently argued that the app is not under Chinese influence, highlighting its operational independence and headquarters in Los Angeles and Singapore. Additionally, TikTok claims that US user data is securely managed by Oracle, an American company.
In May, ByteDance, TikTok, and a group of social media influencers filed a lawsuit to block the law, contending that it unfairly targets TikTok, violates constitutional rights, and infringes upon the free speech of its users.
Civil liberties concerns
Several civil and digital rights organisations, including the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF), have voiced their opposition to the TikTok ban. In a letter to Congress, these groups argued that a comprehensive privacy law would be a more effective solution for protecting user data. They also condemned the ban as “plain and simple censorship.”
What’s next?
As the January deadline looms, TikTok faces an uphill legal battle, with significant implications for its millions of users and the broader tech industry. Civil liberties advocates warn that banning TikTok could set a precedent for restricting other digital platforms, while the US government maintains that national security must take precedence.
The Supreme Court’s eventual ruling on this case could have far-reaching consequences, not only for TikTok but also for how the US navigates the balance between security concerns and freedom of speech in the digital age.
