TikTok Ban Appeal in the US Commences

TikTok has commenced its appeal against the US government over the divest or ban law. According to the Independent, the TikTok ban appeal in the US was triggered by commencement of this law in April this year.

The new law requires the video streaming platform to spin off from its Chinese parent company, ByteDance, by January 2025 or face a ban. The US government views ByteDance’s ties to China as a national security threat. However, ByteDance and TikTok have denied links to Chinese authorities multiple times.

Court Arguments

TikTok’s legal battle in the US started back in May 2024 when the social media platform filed a case to block the new law. At the time, the video streaming platform had termed the legislation unconstitutional.

TikTok argued that the new law would significantly impact freedom of speech for its 170 million US users. TikTok’s court case was heard by three court of appeals judges in Washington DC.

“This law imposes extraordinary speech prohibition based on indeterminate future risks,” Andrew Pincus, TikTok and ByteDance’s attorney said in court.

In his submission, the lawyer addressed concerns by the US government about Chinese authorities. He said ByteDance Limited is a Cayman Island holding firm and is not owned by China.

The judges challenged the submissions by Pincus, with Judge Sri Srinivasan saying that ByteDance was subject to China’s control. The lawyer argued that the US government had not alleged any wrongdoing on TikTok’s part and that the social media platform was being punished based on suggestions that issues may arise in the future.

Judge Ginsberg challenged this claim, arguing that the law targets all firms that are controlled by foreign adversaries, not just TikTok. The Judge also termed the law as an ‘absolute bar on the current arrangement of control’ of the firm, not the firm itself.

Impact of TikTok Split

TikTok has consistently denied sharing data from US users with Chinese authorities. The social media platform claimed that a breakup from ByteDance cannot happen without its closure. In court documents filed in June 2024, TikTok argued that a split would make it a shell.

TikTok’s Appeal Against US Divest or Ban Law Commences

The breakup will also mean that Americans can no longer share their views with TikTok’s global community. Free speech advocates have added their voice to the US divest-or-ban law. The advocates say if the law is implemented, it will set a precedent to oppressive regimes across the world and lead to violation of free speech rights.

“We shouldn’t be surprised if repressive governments the world over cite this precedent to justify new restrictions on their own citizens’ right to access information, ideas, and media from abroad,” Columbia University’s Knight First Amendment Institute staffer, Xiangnong Wang said.

The Institute has filed legal documents with the appeals court offering expertise with the aim of influencing the outcome of the TikTok appeal case. Wang accused lawmakers of being vague with respect to national security threats they claim TikTok poses to the US.

Digital content creators also argued that the law impedes their right to work with publishers of their choice.

Government’s Position

The Department of Justice will be arguing its case against TikTok. DoJ’s submissions will largely be based on data concerns. US lawmakers and government officials have raised alarm over possibilities that Chinese authorities could be using TikTok to spread misinformation to Americans.

In addition to the US, the UK government has also raised concerns over potential Chinese influence on TikTok. The UK has banned TikTok on government devices for fear of Chinese influence.