Tick-Tock, Goes TikTok’s Clock

Photo Credit: Reuters

Over 2 years after former US president Donald Trump first suggested banning TikTok from American devices, a bill to ban the popular social media app has been signed into law.

On Apr. 24, US president Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, which gives TikTok 270 days to sell the app to an American company or face a ban in the country. Brought forward by two US Congress members in early 2024, the bill passed the House of Representatives on Mar. 13 and the Senate on Apr. 23. It passed the House with 352 representatives in favour and 65 opposed, and the Senate with 79 senators in favour and 18 opposed.

The US government’s main concern with TikTok is its potential affiliation with the Chinese Communist Party (CCP). TikTok’s parent company ByteDance is based in mainland China and could face regulations imposed by the Chinese government. Lawmakers fear these regulations could require TikTok to compromise the privacy of their 170 million US users to the CCP. 

Another concern is that the CCP may be able to control TikTok’s algorithms. Many representatives have accused the company of potentially censoring content critical of the Chinese government. Additionally, in November 2023, several US senators accused TikTok of promoting anti-Zionist content. The company denied this in a statement, claiming that political opinions on the app surrounding this topic grew organically rather than through artificial changes to the algorithm.

TikTok has also denied all allegations of breach of privacy, maintaining that they have neither shared user data with the Chinese government nor censored anti-CCP content on the app. “ByteDance is not owned or controlled by the Chinese government,” stated TikTok CEO Shou Chew in a court hearing. “It is a private company.” 

In 2023, the company announced a plan titled Project Texas that seeks to separate US user data from other data collected from the app, in an attempt to convince US lawmakers that data would not be leaked to the CCP. Nevertheless, ByteDance is still required to comply with Chinese laws.

TikTok has said in an official statement that 60 per cent of ByteDance is owned by international investors and not controlled by the Chinese government. The Chinese government currently owns one per cent of TikTok’s stocks.

Many TikTok users, especially monetized content creators, oppose the bill. Many careers have been built off TikTok, and many small businesses have also gained popularity after their creators started posting on the app.

“Banning TikTok, directly or indirectly, would violate the First Amendment because it would stifle free expression and restrict the public’s access to a critical source of information. The government can’t impose this type of total ban unless it’s the only way to prevent extremely serious and immediate harm to national security,” Ashley Gorski, senior staff attorney with the American Civil Liberties Union’s National Security Project, told Al Jazeera. She argues that there is no solid public evidence that TikTok is really a serious risk to national security.

However, others consider the risks quite substantial. “My bill empowers the administration to ban TikTok or any software applications that threaten U.S. national security,” Representative Mike McCaul, chair of the House Foreign Affairs Committee, said. "Anyone with TikTok downloaded on their device has given the [Chinese Communist Party] a backdoor to all their personal information. It’s a spy balloon into your phone."

In a TikTok video addressed to users, CEO Shou Chew expressed disappointment about the ban being signed into law. “Make no mistake, this is a ban,” he stated. “A ban on TikTok, and a ban on you and your voice. We are confident and we will keep fighting for your rights in the courts. The facts and the Constitution are on our side.” According to AdImpact, the company has spent over $5 million to combat the TikTok ban.

It is unlikely that ByteDance will sell TikTok since it would need the permission of the CCP. According to The Washington Post, China said that it would “strongly oppose” any forced sale of TikTok. The company is expected to take legal action against the outcome of the ban. In the coming months, it is expected to claim that the bill violates the First Amendment. The United States government would have to prove that the need to protect the privacy of Americans trumps these arguments.

Canadian lawmakers have also raised concerns about TikTok. In September 2023, the Liberal government began a national security review of the platform. Content creators have expressed worries about potential adverse effects to their businesses. 

“I think it would take us a little bit back to square one, where I was always trying to reach my audience,” said comedian Darcy Michael. A TikTok Canada spokesperson said that “banning TikTok in the US would be devastating to Canadian TikTok creators and small businesses, many of whom rely on being able to reach Americans as a large part of their audience.” According to Global News, any legislation in Canada might not be able to expect TikTok to divest to a Canadian company due to the smaller market.