TikTok is now at a crossroads decisive: either sell the app or get banned from the US. ByteDance, the Chinese company that owns the platform, has lost the legal battle against Act of Congress of the United States that requires the sale of the app by January 19, 2025, under penalty of its ban from the country. The appeals court in Washington has upheld the constitutionality of the law, signed by President Joe Biden in April, recognizing the government law American of protect national security.
In May, TikTok had appealed, invoking the First Amendment and arguing that the forced sale was “unconstitutional”. However, the Court of Appeal has agreed with the Department of Justice, declaring the measure constitutional and confirming that the US government can ban the social media for national security reasons, fearing that it will be used by the Chinese government to collect data on Americans or influence public opinion. Despite the decision, TikTok Announces It Will Appeal to the Supreme Court.
The law that bans TikTok in the US
The law banning TikTok in the United States was passed with bipartisan support after the intelligence community warned about the risks related to China's access to data of Americans through the platform. The law, signed by Joe Biden in April, requires ByteDance to sell TikTok by January 19, 2025 (the day before Trump's inauguration), under penalty of banning the app in the United States.
La Court of Appeal rejected the appeal of TikTok, arguing that the law does not violate the First Amendment of the Constitution, which guarantees freedom of expression in the United States. The judges recognized that the measure was taken to protect national security and to prevent the Chinese government from influencing public opinion or collecting sensitive data on Americans. However, they also recognized the “significant implications” for TikTok and its users. The judges emphasized that if the company does not sell the platform, TikTok will become “effectively unavailable in the United States, at least for a period of time,” jeopardizing the access of millions of Americans. The court left a open door for a possible extension, with President Biden or the future President Trump (who has said he wants to save the company) who could grant a 90-day extension, provided that progress is made in search of a buyer.
TikTok to Appeal to Supreme Court: “Freedom of Expression Violated”
TikTok is not having it and has announced that it will appeal to the United States Supreme Court because for society this law violates the First Amendment to the Constitution, which protects freedom of expression: “We will appeal to the Supreme Court to protect freedom of expression“, TikTok said.
The company defines the reads an “act of censorship” that could suppress the voices of over 150 million of Americans and undermines an open internet. TikTok claims that the measure is based on incorrect and speculative information and promised to defend users' rights before the Supreme Court.
“The Supreme Court has always protected Americans’ right to free expression, and we expect it to do the same in this case,” the platform said.
The deadline for implementing the law is set for January 19, but there could be a change of scenery, especially considering that Donald Trump, after having supported the measure during his first term, has promised during the election campaign to try to “save TikTok”.
TikTok Under Observation in Europe: Control of Romanian Elections
New troubles for TikTok also come from Europe. In the context of the Romanian elections, which took place carried out on November 24, 2024 and they were Cancelled December 7th because of the Russian interference, the European Commission has intensified monitoring of the platform to verify its compliance with the Digital Services Act (DSA).
The EU has issued a “conservation order” which requires TikTok to freeze and store data relating to the systemic risks that the platform could pose to electoral processes and public debate. The aim is to preserve evidence for any future investigations into the platform's compliance with obligations provided by the DSA.
TikTok is thus forced to maintain records regarding the functioning of its algorithms of recommendation and how it addresses the risk of intentional manipulation. It must also retain information about any violations of its terms of service, particularly in relation to inauthentic use of the service to promote political content.
The conservation order concerns national elections in the EU between 24 November 2024 and 31 March 2025. The Commission is monitoring the situation without yet expressing a definitive opinion, but stressing the importance of ensuring TikTok complies with regulations.
"We want make sure TikTok follows the rules and are in constant contact with the company,” a spokesperson noted. “We are also intensifying our contacts with digital and IT regulators across Europe, in light of the emerging evidence of systematic inauthentic activity: my commitment to diligently and rigorously enforce the Digital Services Act,” he said Henna Virkkunen, Executive Vice President for Technological Sovereignty, Security and Democracy.
