A US federal appeals court has upheld a law that would require TikTok to be banned in the US unless it separates from its Chinese parent company, ByteDance. The platform, which has been fighting for a long time and has not received the result it wants from the appeals court, plans to appeal to the Supreme Court.
The platform, which is accused of threatening the country's national security by sharing US users' data with China, has been given until January 19, 2025, according to the approved version of the law. ByteDance must decide by that date whether to abandon TikTok.
The TikTok law is also a continuation of the technology war between the US and China. The US, which has restricted China in particular in the trade of chips and chip equipment, is doing everything it can to prevent the products of the country's technology companies (especially Huawei) from being used in the US. Last week, China responded to the ban by banning the shipment of important minerals used in chip and infrared technologies to the US.
The possibility of a ban on TikTok, which has 170 million users in the US, remains uncertain despite the court’s decision. The deadline for TikTok’s shutdown, which would be a last resort, could be extended by President Joe Biden, but his term ends on January 19, the same as TikTok’s. Donald Trump, who takes office on January 20, tried and failed to ban TikTok during his previous presidency. Trump, who has been pursuing a different policy on the same issue before the election last month, had promised during his campaign that he would not allow TikTok to be banned.
Another issue that is unclear is whether a possible sale of TikTok would receive approval from the Chinese government.
The TikTok ban, which many groups see as a threat to free speech, also raises fears of possible bans on other platforms outside the US. If the ban is implemented strictly, the fate of foreign-owned platforms in the country, especially other Chinese-owned apps, could be uncertain; because the approved law gives the government more sweeping powers over foreign platforms.
The Chinese embassy in Washington called the law “blatant commercial robbery” and warned that the United States “should handle this matter with caution so as not to damage the mutual trust between the two countries and the development of bilateral relations.”
“While today’s news is disappointing, you can rest assured that we will continue to fight to protect freedom of expression on our platform,” TikTok CEO Shou Zi Chew said in an email to employees.
The court said the relationship between TikTok and its parent company ByteDance threatens to distort the platform’s agenda in the United States and manipulate public debate. Under the law, TikTok will be removed from U.S. app stores such as the App Store when the ban goes into effect, and internet service providers will stop supporting TikTok.
TikTok advertisers are continuing to participate in the platform despite the potential ban following the court’s ruling. Many brands have plans to reallocate their budgets to TikTok in the event of a ban.
Many content creators on TikTok have urged their followers to follow them on YouTube and Instagram. Content creators who have their own audience on the platform and advertisers who can still reach a lot of potential buyers are not likely to leave TikTok if the ban goes into effect.
