Achi news desk-
WASHINGTON –
The US House passed legislation on Saturday that would ban TikTok in the US if the owner of the popular Chinese social media platform doesn’t sell its stake within a year, but don’t expect the app to go away anytime soon time soon
The decision by House Republicans to include TikTok as part of a larger foreign aid package, a priority for President Joe Biden with broad congressional support for Ukraine and Israel, accelerated the ban after an earlier version stalled in the Senedd A separate bill with a six-month sales deadline passed the House in March by an overwhelming bipartisan vote as Democrats and Republicans voiced national security concerns about the app’s owner, Chinese tech company ByteDance Ltd.
The modified bill now goes to the Senedd after discussions which produced a compromise.
Even if the legislation were to become law, however, the company would have up to a year to find a buyer and would likely try to challenge the law in court, arguing that it would depriving millions of app users of their First Amendment rights. Court challenges could significantly delay the timeline set by Congress or block the law from taking effect.
The company lobbied hard against the legislation, pushing the app’s 170 million US users – many of them young – to call Congress and voice opposition. But the ferocity of the pushback angered lawmakers on Capitol Hill, where there is widespread concern about Chinese threats to the United States and where few members use the platform themselves.
“We will not stop fighting and advocating on your behalf,” said TikTok CEO Shou Zi Chew in a video posted on the platform last month and addressed to users of the app. “We will continue to do everything we can, including exercising our legal rights, to protect this incredible platform we’ve built with you.”
The bill’s fast track through Congress is remarkable because it targets one company and because Congress has taken a hands-on approach to technology regulation for decades. Lawmakers had failed to act despite efforts to protect children online, protect user privacy and make companies more accountable for content posted on their platforms, among other measures.
TikTok’s ban reflects widespread concerns among lawmakers about China.
Members of both parties, along with intelligence officials, have worried that Chinese authorities could force ByteDance to hand over American user data or direct the company to suppress or promote TikTok content favorable to its interests. TikTok has denied claims it could be used as a tool by the Chinese government and has said it has not shared US user data with Chinese authorities.
The US government has not publicly provided evidence showing that TikTok shared US user data with the Chinese government or tinkered with the company’s popular algorithm, which influences what Americans see.
The company has good reason to think a legal challenge could be successful, having seen some success in previous legal fights over its US operations. In November, a federal judge blocked a Montana law that would have banned TikTok use statewide after the company and five content creators who use the platform sued.
In 2020, federal courts blocked an executive order issued by then-President Donald Trump to ban TikTok after the company sued on the grounds that the order violated free speech and due process rights. His administration brokered a deal that would have had US corporations Oracle and Walmart take a major stake in TikTok. The auction never went through for a number of reasons; one was China, which imposed stricter export controls on its technology providers.
Dozens of states and the federal government have implemented TikTok bans on government devices. The Texas ban was challenged last year by The Knight First Amendment Institute at Columbia University, which argued in a lawsuit that the policy impedes academic freedom because it extends to public universities. In December, a federal judge ruled in favor of the state.
Organizations such as the American Civil Liberties Union have supported the app. “Congress cannot take away the rights of over 170 million Americans who use TikTok to express themselves, engage in political advocacy, and access information from around the world,” said Jenna Leventoff, a lawyer for the group.
Since mid-March, TikTok has spent US$5 million on TV ads opposing the legislation, according to AdImpact, an advertising tracking company. The ads have featured a range of content creators, including a nun, praising the platform’s positive effects on their lives and arguing that a ban would violate the First Amendment. The company has also encouraged its users to contact Congress, and some lawmakers have received profanity calls.
“It is unfortunate that the House of Representatives is using important foreign and humanitarian aid cover to once again jam through a prohibition bill that would trample on the free speech rights of 170 million Americans, destroy seven million businesses, and shut down a platform which contributes. $24 billion to the US economy, annually,” said Alex Haurek, a company spokesman.
Nadya Okamoto, a content creator who has around four million followers on TikTok, said she has been having conversations with other creators who are experiencing “so much anger and anxiety” about the bill and how it will affect their lives. The 26-year-old, whose company “August” sells menstrual products and is known for her advocacy around removing the stigma of menstrual periods, makes most of her income from TikTok.
“This is going to have real repercussions,” he said.
Hadero reported from New York.
