A federal appeals court in the United States upheld a law on Friday, December 6, 2024, that bans TikTok nationwide unless the popular video app is sold off by its China-based parent company, ByteDance.
The U.S. court rejected TikTok’s claim that the ban violates the free speech rights of millions of Americans.
The court’s ruling emphasised that the ban was necessary due to TikTok’s “expansive reach,” with both the United States Congress and the president determining that divesting the app from Chinese control is crucial for protecting national security. The court argued that the potential threat posed by TikTok’s ownership by a China-based company outweighs the concerns raised by the company regarding free speech.
“The First Amendment exists to protect free speech in the United States. Here, the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States,” the court stated.
Critics of the ban, including the Knight First Amendment Institute at Columbia University, expressed alarm at the court’s decision. Jameel Jaffer, the group’s executive director, described the ruling as misguided, warning that it grants the government excessive power to restrict access to information, ideas, and media from abroad. He added that the group hoped the appeals court’s decision would not be the final word.
TikTok spokesperson Michael Hughes responded by saying the company plans to appeal the decision, emphasising that the ban was based on inaccurate and flawed information. “The TikTok ban, unless stopped, will silence the voices of over 170 million Americans,” he stated.
The ruling, issued by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, marks a significant victory for the Biden administration, but TikTok now faces an uncertain future. Under the law, TikTok has until January 19 to be sold off from its Beijing-based parent company, or it will face a nationwide ban in the United States. However, the deadline could be extended by up to 90 days if there is significant progress towards a sale.
China has long opposed the forced sale of TikTok, but analysts suggest that Chinese officials may now consider putting the app up for sale as leverage in trade negotiations with the incoming administration. However, TikTok has consistently maintained that it is not for sale.
In the meantime, TikTok is also exploring other options, such as declaring that the steps it has already taken to distance itself from ByteDance, including Project Texas, which aims to isolate American data from China, could satisfy the requirements for divestiture. President Trump may also choose to prevent enforcement of the law through his attorney general.
The law would prevent TikTok from being available in app stores controlled by Apple and Google, forcing the tech giants to remove the app. It would also make it illegal for web hosting companies to support TikTok. Both Google and Apple have not yet commented on how they would respond to the law.
Should the law be enforced, TikTok’s 170 million American users would not see the app disappear from their devices immediately. However, over time, the app would become slow and unusable, with software updates ceasing.
A protracted appeals process could follow, with either party having the option to request that the U.S. appeals court re-examine the case. From there, the U.S. Supreme Court could be asked to review the matter.
