TikTok has taken a bold step by filing a lawsuit against the US government, marking the first challenge to a new law that mandates Chinese parent company, ByteDance Ltd., to divest itself of the immensely popular video-sharing app or face a ban.
In its legal action, TikTok contends that the law poses a significant threat to free speech and stands to negatively impact creators and small business owners who rely on the platform for economic opportunities, Bloomberg first reported.
The company asserts that it has already invested over $1.5 billion to establish a separate entity for its US operations and has agreed to oversight by American tech giant, Oracle Corp.
In a filing submitted to the US Court of Appeals in the District of Columbia, TikTok asserted, “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide.”
This legal confrontation follows President Joe Biden’s signing of a Ukraine-Israel aid package, which includes the TikTok provision.
Despite lobbying efforts led by TikTok Chief Executive Officer, Shou Chew, US lawmakers remain concerned about potential national security risks associated with China accessing user data and disseminating propaganda to approximately 170 million Americans, representing nearly half of the US population.
TikTok’s lawsuit outlines several alleged violations by the US government, including infringements upon the First Amendment, prohibitions on legislation targeting specific groups, violations of the Fifth Amendment’s equal protection clause, and unconstitutional takings.
The company warns that the enactment of the law will inevitably lead to the shutdown of TikTok by January 19, 2025, thereby silencing the 170 million Americans who utilize the platform for communication in unique and irreplaceable ways.
As the legal dispute surrounding TikTok unfolds, it highlights the intricate interplay between national security considerations, the protection of free speech rights, and the regulatory oversight of digital platforms within an increasingly interconnected global landscape.
In an earlier development, the Italian Competition Authority levied a €10 million fine against TikTok for its failure to safeguard users from a harmful online challenge known as the French Scar Challenge, as reported by Nairametrics.
This enforcement action occurred amidst ongoing efforts by US lawmakers to compel the separation of TikTok from its Chinese parent company, Bytedance, under the threat of a ban on the social media platform.
The Italian regulatory body criticized TikTok for its inadequate implementation of measures to monitor and regulate content uploaded to the platform, particularly content that poses potential risks to the safety of minors and other vulnerable individuals.
Furthermore, there were reports circulating, suggesting that ByteDance was exploring the possibility of selling a majority stake in TikTok’s US operations to a non-technology entity such as Walmart, albeit without including the platform’s recommendation algorithm—a claim that ByteDance promptly refuted.
The valuation of TikTok’s global business remains a subject of uncertainty, with estimates ranging widely from $20 billion to $100 billion. This ambiguity reflects the challenges in accurately assessing the platform’s true value, especially when compared to ByteDance’s estimated valuation of $200 billion.
