Supreme Court upholds law that could ban TikTok in the U.S.

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17th January 2025 – (Washington) The U.S. Supreme Court delivered a major setback to TikTok on Friday by upholding a law that may result in the ban of the popular video-sharing platform in the United States. The justices dismissed a free speech challenge from the company, allowing the law to take effect as scheduled on Sunday.

This bipartisan legislation mandates that ByteDance, TikTok’s China-based parent company, divest its ownership of the platform by the deadline. Failure to complete a sale would theoretically lead to the app being banned for millions of American users.

As the situation evolves, the future of TikTok remains uncertain, particularly with indications that President-elect Donald Trump may wish to keep the app operational. The Biden administration has also hinted that it will refrain from enforcing the law on Sunday.

The law was initially spurred by bipartisan concerns regarding the Chinese government’s influence over TikTok, particularly its potential to manipulate content and gather sensitive data from American users. During the Supreme Court’s hearings, Solicitor General Elizabeth Prelogar raised concerns about TikTok’s claims, suggesting the company might be playing a “game of chicken” regarding compliance.

In an unusual move, Trump filed an amicus brief with the court, requesting a pause on the law in hopes of negotiating a political resolution once he assumes office. His administration previously attempted to ban TikTok, but Trump has since expressed a more favourable stance towards the platform, even meeting with its CEO.

Should TikTok fail to secure an American buyer by the deadline, Trump has the option to grant a 90-day extension for compliance, a provision included within the law. However, ByteDance has indicated it would not endorse a sale, complicating the situation further.

The law also imposes civil penalties on companies that assist TikTok in delivering or updating its services, including major app stores like those operated by Apple and Google. These penalties could be enforced for up to five years after any alleged violation, creating a formidable barrier for any potential cooperation.

With TikTok’s future hanging in the balance, content creators may be forced to migrate to alternative platforms like Instagram Reels or YouTube Shorts if the app becomes unavailable. TikTok, which launched in the U.S. in 2018, has faced mounting scrutiny over its ties to the Chinese government, prompting claims from users that the law infringes upon their First Amendment rights. The Biden administration, however, defends the legislation as a necessary measure for national security.

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