TikTok is facing a potential US ban after losing a court appeal Friday (December 6) against a law requiring its Chinese parent company, ByteDance, to divest ownership by January 19.
The Biden administration signed the law in April, mandating TikTok’s removal from US app stores and web hosting services unless ByteDance sells the platform.
The administration alleges the app poses national security risks by enabling Beijing to collect user data and spread propaganda, claims that both ByteDance and China deny.
What did the judges say?
While acknowledging that TikTok is used by 170 million Americans, the panel ruled that divesting it from Chinese control is essential to US national security. The judges unanimously upheld the law, finding it does not infringe on free speech protections.
“This conclusion is supported by ample evidence that the Act is the least restrictive means of advancing the Government’s compelling national security interests,” the judges wrote.
The court also dismissed claims that less severe measures could address the concerns.
The decision by a three-judge panel could further strain US-China relations just as President-elect Donald Trump prepares to take office on January 20.
The popular video-sharing app is expected to appeal the ruling to the Supreme Court while seeking support from Trump, who has become an unlikely ally in opposing the ban.
Trump’s Shift on TikTok
The case marks a reversal for Trump, who attempted to ban TikTok during his first term over similar security concerns. Those efforts were blocked by federal courts, which cited free speech implications.
Now, Trump has emerged as a critic of the ban, arguing it would disproportionately benefit competitors like Meta, the parent company of Facebook and Instagram.
Conservatives have long accused Meta of suppressing right-wing content, a claim that gained traction after Trump’s ban from Facebook following the January 6, 2021, Capitol riot.
Impact Shorts
More ShortsTrump’s newly appointed tech policy adviser, David Sacks, has also criticised the ban as excessive government interference.
The shift aligns with Trump’s ties to Jeff Yass, a prominent Republican donor with investments in ByteDance.
“Donald Trump could be a lifeline for TikTok once he takes office, but halting the enforcement of the ban is easier said than done,” said Emarketer lead Analyst Jasmine Enberg.
“And even if he does manage to save TikTok, he’s already flip-flopped on his stance toward the app and there’s no guarantee he won’t go after it later.”
With inputs from agencies