TikTok has declared its intention to contest a new U.S. law it deems "unconstitutional," which could lead to the social media platform either being sold or banned in the U.S.
President Biden has signed into law a bill requiring TikTok's owner, ByteDance, a China-based company, to either divest its ownership within nine months or face a U.S. ban due to concerns that the platform might share user data with the Chinese government—a claim TikTok has consistently denied.
Shou Zi Chew, TikTok's CEO, asserted the company's resilience and commitment to fight for users' rights through legal avenues. "We are on solid constitutional ground and will not back down; expect us to continue being a part of your lives," Chew commented in a platform video, appealing to users to share their positive TikTok experiences.
The company released a statement underscoring its significant investment in data security and independence from foreign influence. It emphasized that ByteDance is predominantly owned by global investment firms, contradicting assertions of its allegiance to China.
This contentious law was part of a legislative package that also included support for U.S. allies, receiving broad support in the Senate. Senator Marco Rubio highlighted the risk of Chinese influence over American digital spaces through TikTok, supporting the divestiture mandate as beneficial for U.S. interests.
Legal experts predict a complex judicial review process that might reach the Supreme Court, reflecting the law's significant impact and contentious nature.
In a separate but related development, concerns over user privacy and platform misuse led a U.S. judge in Montana to block a statewide TikTok ban, signaling potential judicial obstacles nationwide.
Professor Andrew Przybylski from Oxford University pointed out TikTok's deep integration into American youth culture and potential arguments against the ban based on free expression rights.
Jennifer Huddleston of the Cato Institute noted the challenges of enforcing the divestiture within the stipulated timeframe, predicting intense regulatory scrutiny.
As the U.S. administration pushes forward with these measures, the EU is also taking action, with European Commissioner Thierry Breton targeting TikTok's incentivized user engagement features in France and Spain for being exploitative, particularly towards children. The EU continues to investigate these practices.
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