TikTok has edged closer to a potential ban in the United States after losing a legal bid to overturn legislation targeting the app’s Chinese ownership.
On Friday, the US Court of Appeals for the District of Columbia Circuit upheld a law requiring TikTok’s parent company, ByteDance, to sell the platform to a non-Chinese owner or face a nationwide ban starting January 19, 2025.
According to CNN, TikTok had argued that the legislation infringed on free speech and equal protection rights, but the court ruled that the law neither violates the First Amendment nor the Fifth Amendment of the US Constitution.
The ruling grants Congress the authority to act on national security concerns regarding TikTok’s ties to China. The court stated, “Congress and multiple Presidents determined that divesting (TikTok) from the (People’s Republic of China’s) control is essential to protect our national security.”
TikTok has, however, announced plans to appeal the decision to the Supreme Court.
The company spokesperson, Michael Hughes said, “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue.
“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”
ByteDance has repeatedly insisted it will not sell TikTok. If the company fails to comply with the law, US app stores and internet service providers could face heavy penalties for hosting the app.
President Joe Biden signed the legislation in April, citing fears that ByteDance could share user data with the Chinese government or use TikTok’s algorithm to influence American users.
TikTok’s lawsuit, filed in May, argued that the law unfairly targeted the platform and its creators. While the court recognised TikTok’s role in facilitating free expression, it ultimately supported Congress’s narrowly focused approach. The judges said the law addresses the specific issue of China’s potential control over TikTok and does not suppress user-generated content.
Emarketer analyst Jasmine Enberg called the decision a “major setback” for TikTok but noted that an appeal to the Supreme Court could alter its fate.
She stated, “If the ban is enforced, it would cause major upheaval in the social landscape, benefitting Meta, YouTube, and Snap while hurting content creators and small businesses that rely on the app.”
