NAIROBI, Kenya- A U.S. federal appeals court has upheld a law requiring Chinese-owned ByteDance to divest TikTok’s U.S. operations by January 19, 2024, or face a nationwide ban.
This decision marks a major victory for the Justice Department and critics of the app while delivering a critical blow to ByteDance, which has fiercely opposed the mandate.
The ruling, issued on Friday, intensifies the possibility of TikTok’s removal from app stores and internet hosting services within six weeks. It also sets the stage for potential legal battles, as ByteDance and TikTok challenge the law on constitutional grounds.
The appeals court panel defended the law as a response to national security concerns. According to the ruling, the legislation was “the culmination of extensive, bipartisan action” to counter the risks posed by foreign adversaries like China.
U.S. officials argue that TikTok, with its 170 million American users, poses a grave threat due to its Chinese ownership.
They allege that the app could give Beijing access to vast amounts of personal data and the ability to influence public opinion through covert manipulation of content.
TikTok has vehemently denied these allegations, calling them speculative and baseless. The company asserts that it has never shared, nor would it share, U.S. user data with the Chinese government.
Free speech advocates, including the American Civil Liberties Union (ACLU), have criticized the ruling as an infringement on First Amendment rights.
“Banning TikTok blatantly violates the First Amendment rights of millions of Americans,” said Patrick Toomey, deputy director of the ACLU’s National Security Project.
The Clock Is Ticking: What’s Next for ByteDance and TikTok?
The January 19 deadline forces ByteDance to sell or spin off TikTok’s U.S. operations. Without a significant divestiture plan, President Joe Biden could grant a 90-day extension, but it remains unclear whether ByteDance can meet the requirements to secure such leniency.
Adding a twist, the timeline coincides with the transition of power to President-elect Donald Trump, who previously attempted to ban TikTok during his first term. Trump, however, has recently expressed opposition to an outright ban.
The ruling also grants the U.S. government broader powers to regulate other foreign-owned apps, raising questions about future actions against platforms like WeChat.
The decision has already sent shockwaves through the tech industry. Shares of Meta Platforms, which competes directly with TikTok in the social media and advertising space, hit a record high, while Alphabet, the parent company of YouTube, also saw gains.
As TikTok’s future hangs in the balance, the case underscores the growing tension between national security priorities and digital freedoms in an interconnected world.
