The US Supreme Court has upheld a law that seeks to ban TikTok if its parent company, Bytedance, does not sell to non-Chinese buyers by 19 January.
The Supreme Court delivered the ruling on Friday, eight months after President Joe Biden signed a bipartisan measure requiring China-based ByteDance to sell the app to a US buyer or face a ban.
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After President Biden signed the law in April, ByteDance, the Beijing-based parent company, said it would not sell the video-sharing platform.
The Supreme Court’s ruling affirms a previous ruling from the Court of Appeal for the District of Columbia Circuit, which had validated the measure following a challenge by TikTok and several app users.
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The ruling recognised the free speech concerns involved, stating that banning a platform widely used by millions would place a substantial “burden” on users’ freedom of expression.
However, it highlighted that legislation aimed at addressing national security risks tied to foreign control of the app is separate from the free speech protections provided under the First Amendment of the US Constitution.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community.
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“But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court said, according to a report by Aljazeera.
TikTok usage in US
With 2.05 billion users globally and 1.69 billion active monthly users, TikTok is one of the most popular social media platforms worldwide.
According to Statista, an online data platform, the US has the second-largest TikTok audience, with 120.5 million users, following Indonesia, which has about 158 million users.
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TikTok’s greatest strength lies in its advanced algorithm, which curates personalised short videos for each user based on their preferences.
The platform offers an extensive library of user-generated content, typically less than a minute long, accessible via its mobile app or web browser. However, the platform is owned by a Chinese parent company, which adds complexity to its operations, given the economic and geopolitical rivalry between China and the United States.
The social media platform said the law endangers the First Amendment rights of not only its users but also all Americans. It said the ban would hit its users, advertisers, content creators, and employee talent.
The company has 7,000 US employees. However, the Biden administration has said the law targets control of the app by a foreign adversary, not protected speech.
TikTok is set to cease its US operations on Sunday unless a last-minute intervention prevents it.
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