The US House of Representatives has voted in favor of a potential ban on TikTok, the popular social media platform, unless its China-based owner, ByteDance Ltd, sells its stake within a year. However, despite the ban being fast-tracked by House Republicans as part of a larger foreign aid package, the app’s continuation remains likely for now.
The decision to include TikTok in the legislation comes after both Democrats and Republicans expressed national security concerns about the app’s owner. Lawmakers fear that Chinese authorities could force ByteDance to hand over American user data or manipulate TikTok content to serve their interests. However, TikTok has denied these allegations and stated that it has not shared US user data with Chinese authorities.
The modified measure passed by a 360-58 vote in the House and will now move to the Senate. Even if the legislation becomes law, ByteDance would still have up to a year to find a buyer and would likely challenge the law in court, arguing that it violates users’ First Amendment rights. Court challenges could significantly delay the ban or even block it from going into effect.
TikTok has actively lobbied against the legislation, encouraging its 170 million US users to call Congress and voice their opposition. However, lawmakers have been angered by the company’s pushback, especially considering the concerns about Chinese threats to the US. Nevertheless, TikTok CEO Shou Zi Chew reassured users that they would continue fighting to protect the platform.
The swift passage of the bill through Congress is noteworthy given that it specifically targets one company. Furthermore, Congress has historically taken a hands-off approach to tech regulation. Despite efforts to protect children online and safeguard users’ privacy, lawmakers had failed to act until now.
The potential ban on TikTok reflects widespread concerns about China among members of both parties and intelligence officials. However, the US government has not provided concrete evidence that TikTok shares user data with the Chinese government or manipulates its algorithm to favor Chinese interests.
ByteDance has reason to believe that a legal challenge could be successful based on past experiences. In November, a federal judge blocked a Montana law that would have banned TikTok use across the state. In 2020, federal courts also blocked an executive order by former President Donald Trump to ban the app. The proposed ban was challenged on the grounds that it violated free speech and due process rights.
Despite the potential ban, TikTok continues to spend millions on TV ads opposing the legislation. Content creators, including a nun, have featured in these ads, highlighting the positive impact of the platform and arguing that a ban would infringe on First Amendment rights. TikTok has also encouraged its users to contact Congress, although some lawmakers have received profanity-laced calls.
The potential ban has sparked concerns among TikTok content creators who rely on the platform for income. Nadya Okamoto, a popular content creator with around 4 million followers, expressed her anxiety and anger about the bill’s impact on her life and the lives of other creators.
In conclusion, although the US House of Representatives has voted in favor of a potential TikTok ban, the app’s continuation remains likely for now. The legislation still needs to pass through the Senate, and even if it becomes law, challenges in court could delay or block its implementation. TikTok users and content creators are actively opposing the ban, arguing that it violates their First Amendment rights and would have significant economic repercussions. The outcome of this battle between lawmakers and TikTok remains uncertain.
