 "TikTok’s US Ban: Can Biden or Trump prevent the Chinese app from 'going dark'?")
As TikTok teeters on the brink of a shutdown in the United States, its future hangs precariously between two administrations.
With over 170 million American users, the popular short-video app faces a deadline to divest itself from its Chinese parent company, ByteDance, or face an outright ban.
The US Supreme Court’s 9-0 ruling on Friday upheld a bipartisan law mandating TikTok’s sale to an American buyer by Sunday. The decision stems from concerns about national security, with lawmakers highlighting the risks of TikTok’s data collection practices and its ties to China.
In its ruling, the court stated, “TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the government’s national security concerns.”
While ByteDance and some TikTok users had challenged the law on First Amendment grounds, the Supreme Court determined that the ban did not violate constitutional protections for free speech.
This decision leaves TikTok with little time to comply, as its parent company has made minimal progress toward divestiture. If no deal is reached, TikTok could “go dark” in the US , affecting millions of users, content creators, and businesses.
Can Biden prevent the shutdown?
US President Joe Biden’s administration has made it clear that enforcing the law will fall to the incoming administration of US President-elect Donald Trump. While Biden signed the law in April, his White House has stated that TikTok’s future hinges on its separation from Chinese control.
Despite calls from some lawmakers to delay the ban, Biden has not invoked the 90-day extension permitted by the law, which would allow ByteDance more time to sell TikTok. When asked about the looming deadline, Biden told reporters, “This decision’s going to be made by the next president anyway.”
TikTok, meanwhile, has criticised the administration for its lack of clarity, saying in a statement, “The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans.”
Can Trump save TikTok?
US President-elect Donald Trump, who will be inaugurated on Monday, has vowed to take action to prevent TikTok from being banned. Trump’s team has indicated that he may use his executive authority to delay enforcement of the law or to negotiate an agreement that allows TikTok to continue operating in the US.
“It ultimately goes up to me, so you’re going to see what I’m going to do,” Trump told CNN.
“We will put measures in place to keep TikTok from going dark,” said Mike Waltz, Trump’s incoming national security adviser. Trump himself stated, “Congress has given me the decision, so I’ll be making the decision,” while hinting at potential plans to leverage the International Emergency Economic Powers Act to address the issue.
Trump’s relationship with TikTok is complex. In 2020, he sought to ban the app, citing national security risks. However, his current stance reflects a shift in perspective, with TikTok CEO Shou Zi Chew set to attend Trump’s inauguration. “We are grateful and pleased to have the support of a president who truly understands our platform,” Chew said.
What next for TikTok for now?
The clock is ticking for TikTok as the Sunday deadline approaches. If the ban goes into effect, companies like Apple and Google, which host TikTok on their app stores, could face significant fines for continuing to provide services to the app.
This has created a sense of urgency among service providers, who are seeking assurances that they will not be penalised.
Adding to the uncertainty is ByteDance’s resistance to selling TikTok. While former Los Angeles Dodgers owner Frank McCourt has emerged as a potential buyer, no concrete offers or binding legal agreements have been announced.
Without a viable deal, Trump’s administration may have to find creative solutions to keep TikTok operational while addressing national security concerns.
In the meantime, TikTok users and creators are bracing for a potential shutdown. The platform has become a cultural phenomenon in the US, particularly among younger audiences who use it for entertainment, self-expression, and business.
TikTok CEO Chew stated in a video message, “We have been fighting to protect the constitutional right of free speech for the more than 170 million Americans who use our platform every day to connect, create, discover and achieve their dreams.”
Several questions remain unanswered as the deadline looms:
Will ByteDance find a buyer before Sunday?
Could Biden or Trump invoke their authority to delay or block the ban?
How will tech companies like Apple and Google respond if the ban is enforced?
With inputs from agencies
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