TikTok is suing the US government over a law that seeks to force the app’s Chinese owner, ByteDance, to sell it within nine months or ban its use in America.
The popular video-sharing platform is trying to block the recently passed bill, arguing that it violates the US Constitution, including the First Amendment that protects free speech.
The bill, officially known as the Protecting Americans from Controlled Applications of Foreign Adversaries Act, was signed by President Joe Biden on April 24 and gives ByteDance, TikTok’s Chinese parent company, until January 19 next year to sell the app to another company or face a ban.
The measure was overwhelmingly approved in Congress last month, amid concerns among US politicians that China could access data about the American people or spy on them with the app.
TikTok denies that it has or ever shares US user data, accusing US politicians of promoting “speculative” concerns.
More than a billion people use TikTok around the world, including 170 million in the US, which is the country with the platform’s largest audience.
The lawsuit, which was filed by TikTok and ByteDance in Washington on Tuesday in the U.S. Court of Appeals for the District of Columbia Circuit, called the act an “unprecedented violation” of the First Amendment.
It said: “For the first time in history, Congress has enacted a law that subjects a single named speech platform to a permanent national ban and prohibits all Americans from participating in a unique online community of more than a billion people around the world. “
It also said: “There is no doubt: the law (law) will force the shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere.”
ByteDance said it has “no plans to sell TikTok.” But even if it wanted to, the company would have to get approval from Beijing, which previously opposed the forced sale of the platform and this time signaled its opposition.
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TikTok argues that invoking national security concerns is not sufficient reason to restrict free speech, and it is up to the US federal government to prove that this restriction is justified. It failed to meet that burden, the lawsuit said.
Why is TikTok facing a ban in the US?
Attracting around 170 million users in the US in seven years, TikTok has taken America by storm. But there have long been concerns in Washington about China’s ownership of the social media platform.
Beijing-based technology company ByteDance originally launched the Chinese version of the app called Douyin, which means “trembling sound,” in 2016. They followed up with an international version — TikTok — in November 2017.
Since then, the platform has had a meteoric rise. Fueled by its popularity among Gen Z, it has become an influential social media platform. But it has become a target for both sides of the political spectrum in Washington, as well as other Western countries, due to fears about the use of user data.
US politicians and officials have expressed concern that Chinese authorities could force ByteDance to hand over US user data. TikTok said it has never done this and would not do so if asked. There are also fears about influencing Americans by suppressing or promoting certain content on TikTok.
The use of TikTok by nearly four million federal government employees on devices belonging to their agencies is already banned in the US, with limited exceptions for law enforcement, national security and security investigation purposes. A similar ban is also in place for civil servants in the UK.
India was the first country to ban TikTok in 2020, following a violent border clash between India and China that left at least 20 Indian soldiers dead. Interestingly, TikTok is also not available in app stores in China – where the internet is tightly controlled by the state – and Douyin is used instead.
In March, TikTok’s chief executive directly appealed to US users to stop the bill forcing the sale of the app and accused US lawmakers of trying to shut down the platform. In a video posted on the platform, Shou Zi Chew told users that the project “will lead to a ban on TikTok in the United States,” adding, “Even the project’s sponsors admit that this is its goal.”
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The lawsuit alleged that if the law remains in effect, it would allow the federal government to force publishers of other platforms, including news sites, to sell or close, citing national security reasons.
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Opponents of the law argue that Chinese authorities could easily obtain information about Americans in other ways, including through commercial data brokers that rent or sell personal information.
The Justice Department declined to comment on the lawsuit Tuesday.
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