
President Biden’s decision not to enforce a TikTok ban law leaves the fate of the popular Chinese-owned app in the hands of President-elect Donald Trump.
At a Glance
- Biden will not enforce a TikTok ban law set to take effect before he leaves office
- The law requires ByteDance to divest TikTok by January 19 or face a US ban
- TikTok plans to shut down the app on Sunday if the ban is enforced
- Trump is considering executive action to delay the law’s implementation
- The Supreme Court has agreed to fast-track a case challenging the law
Biden’s Decision and Trump’s Potential Action
As President Biden’s term comes to a close, he has made the decision not to enforce a looming TikTok ban law. This move effectively shifts the responsibility to incoming President-elect Donald Trump, who will now determine the fate of the Chinese-owned social media platform in the United States. The law in question mandates that TikTok’s parent company, ByteDance, divest the app by January 19 or face a ban in the US.
In response to this development, TikTok has announced plans to shut down the app on Sunday if the ban is enforced. However, Trump is reportedly considering executive action to delay the law’s implementation for up to 90 days, potentially buying time for a resolution to be reached.
Legal Challenges and National Security Concerns
The TikTok ban has faced significant legal challenges. The Supreme Court has agreed to fast-track a case filed by TikTok, which argues that the law violates First Amendment rights. Interestingly, all nine Supreme Court justices appeared skeptical about the law’s threats to free speech when weighed against national security concerns.
“We will put measures in place to keep TikTok from going dark”
Supporters of the ban cite national security concerns, particularly regarding data access by the Chinese Communist Party. The US Court of Appeals for the District of Columbia Circuit has upheld the ban, set to take effect on January 19, unless TikTok is sold to a US company. However, TikTok argues that separation from ByteDance is not feasible.
Potential Impact on Users and Businesses
If the ban proceeds, TikTok could be removed from US app stores, affecting its 112.4 million US users. This would have significant repercussions for TikTok creators and influencers, who could see reduced engagement and impacts on their advertising and endorsement revenues. The ban could also drive users and businesses to competing platforms, with Meta potentially benefiting the most from this shift.
“not possible technologically, commercially, or legally.”
TikTok and ByteDance plan to appeal to the Supreme Court, which has a Republican majority that may influence the decision. The case could escalate geopolitical tensions with China, which has already retaliated against US tariffs by restricting exports of certain materials.
Balancing National Security and Free Expression
The TikTok ban situation underscores the difficulty of balancing national security concerns with free expression in a globally connected world. This case could have far-reaching implications for future digital regulation and commerce. As the debate continues, policymakers must grapple with the challenge of protecting national interests while preserving the principles of an open internet and free speech.
“Trump promised to save TikTok while campaigning for the 2024 election.”
As President-elect Trump prepares to take office, his decision on the TikTok ban will be closely watched. His campaign promise to “save TikTok” suggests a potential shift in approach, but the complexities of national security concerns and international relations will undoubtedly play a role in shaping the final outcome.
Sources:
- Biden decides not to enforce looming TikTok ban — leaving Chinese app’s fate up to Trump as he returns to White House
- As TikTok ban looms, court ruling escalates debate between national security, digital freedom