US TikTok Ban Update: ByteDance Challenges Divestment or Ban Legislation

TikTok has taken legal action against the US Government regarding the recent “unconstitutional” bill that mandates the platform to either divest from ByteDance or face a potential ban in the country.

In recent years, the United States government has repeatedly sought to limit TikTok’s parent company, ByteDance, from accessing the personal data of US citizens due to ongoing concerns about data privacy and its affiliations with the Chinese Communist Party.

The latest legislative action requires ByteDance to sell its US operations within nine months from April 24, 2024, or confront a ban in the United States. Here’s everything you need to know.

Is TikTok getting banned in the USA?

As of now, the US government has not officially banned TikTok but has implemented a law mandating its parent company to divest its US operations.

On April 24, 2024, President Joe Biden signed a bill obligating ByteDance to divest its US TikTok business, requiring a sale to a non-adversarial entity. If ByteDance has a sale in progress when the nine-month period expires, the US will grant a three-month extension.

TikTok’s CEO, Shou Zi Chew, promptly responded following the bill’s enactment, indicating that the company would vigorously contest this ruling in court.

“Make no mistake, this is a ban. A ban on TikTok, a ban on you, and a ban on your voice,” he asserted. “Many sponsors of the bill admit their ultimate goal is a TikTok ban.”

“Rest assured, we aren’t going anywhere. We are confident, and we will keep fighting for your rights in the courts.”

@tiktoknewsroom
Response to TikTok Ban Bill

♬ original sound – TikTok Newsroom – TikTok Newsroom

TikTok fights against divest-or-ban bill

Shortly after President Biden enacted the bill requiring ByteDance to divest from the short-form video app, the company filed a lawsuit challenging it.

In its legal filing, TikTok criticized the bill as “unconstitutional,” as announced in a TikTok blog post.

“Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum for protected speech and expression used by 170 million Americans to create, share, and view videos over the Internet,” they stated.

“The law — the Protecting Americans From Foreign Adversary Controlled Applications Act (the “Act”) — is unconstitutional.”

Although the lawsuit was initiated in May, TikTok formally entered court on September 16, 2024, where it began to present its arguments against the bill.

Both parties have urged the judge to reach a decision by December 6, 2024, just over a month prior to the possible ban date.

We will keep this article updated as more developments arise.

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