TikTok and its Chinese parent company have filed a lawsuit challenging a new American law aimed at banning the popular video-sharing app unless it’s sold to an approved buyer. The law, signed by President Joe Biden as part of a larger foreign aid package, requires ByteDance, TikTok’s parent company, to divest its ownership of the platform to a US-approved buyer within nine months.
In its lawsuit, ByteDance argues that the new law unfairly singles out TikTok and violates the First Amendment’s protection of free speech. The company contends that the law vaguely portrays its ownership as a national security threat without providing evidence to support such claims. By circumventing the First Amendment, ByteDance argues, the law infringes on the platform’s right to operate freely.
The lawsuit filed in a Washington appeals court asserts that Congress has enacted a law that subjects a single speech platform to a permanent, nationwide ban, preventing Americans from participating in a global online community with over 1 billion users worldwide.
If TikTok fails to comply with the law, it faces the prospect of being shut down in the US by next year. However, ByteDance has expressed reluctance to sell TikTok, citing the necessity of obtaining approval from the Chinese government. According to the lawsuit, Chinese authorities have indicated that they would not permit ByteDance to include the algorithm that powers TikTok’s content recommendation system in any potential sale.
TikTok and ByteDance argue that divesting TikTok’s US operations would be technically and legally challenging, given the platform’s interconnected global user base. They contend that the law’s requirements would effectively force TikTok to operate as an isolated entity in the US, detached from its broader international community.
The legal challenge comes amid escalating tensions between the US and China, particularly in the realm of technology and data security. Lawmakers and officials in the US have expressed concerns about the potential risks posed by Chinese-owned companies like ByteDance, citing fears of data privacy breaches and foreign influence.
While the outcome of TikTok’s lawsuit remains uncertain, legal experts anticipate a protracted legal battle that could ultimately be decided by the Supreme Court. The case raises complex questions about the intersection of national security, free speech, and corporate regulation in the digital age.