TikTok will have to be sold to continue operating in the US; understand why

TikTok is very close to being permanently banned in the United States following a court ruling. If finalized, the legal fight will end in defeat for the platform, which will have to be sold to continue operating in the country.

This is because, last Friday, the US Court of Appeals for the District of Columbia Circuit rejected the platform’s appeal, defending the constitutionality of a law that requires the sale of TikTok’s American operation or its complete withdrawal from the market. USA until January 19, 2025.

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Why is TikTok under threat?

In January this year, US President Joe Biden signed into law a law that forces ByteDance to sell TikTok to a non-Chinese owner or face a complete ban in the country. This measure was justified by the need to protect the privacy of American users and avoid possible foreign influence.

Now, the court decision was justified by national security concerns raised by the American government and lawmakers. They fear that ByteDance, TikTok’s Chinese parent company, will share user data with the Chinese government or manipulate the platform’s algorithm to spread propaganda.

TikTok’s arguments and court decision

In its defense, TikTok argued that the law violates the First Amendment of the US Constitution, which protects freedom of expression, as millions of Americans use the platform to express themselves.

Furthermore, the company alleged that it was unfairly discriminated against, highlighting that the government had acted in bad faith by abruptly interrupting previous negotiations.

However, the judges disagreed. The decision declared that the law “does not suppress content or require a certain editorial line”, but aims to prevent covert manipulation of the algorithm by the Chinese government. According to the court, concerns about national security are above the company’s complaints.

What would that mean?

If the decision is upheld, app stores and internet providers in the US could face heavy fines if they continue to offer TikTok after the deadline. This could result in a major upheaval in the digital market, benefiting competitors like Meta (owner of Instagram), YouTube and Snap, while harming content creators and small businesses that depend on the app to reach their audiences.

Market analyst Jasmine Enberg warned that if the ban is enforced, it “will cause a major shift in the social media landscape.” Content creators, advertisers and businesses using TikTok for sales and engagement would face considerable challenges.

Patrick Toomey, deputy director of the ACLU’s National Security Project, said the “ruling sets a flawed and dangerous precedent.”

“Banning TikTok flagrantly violates the First Amendment rights of millions of Americans who use the app to express themselves and communicate with people around the world. The government cannot shut down an entire communications platform unless it poses extremely serious and imminent harm, and there is no evidence of that here.”

TikTok will still try to appeal

Even with the decision, ByteDance continued to state that it does not intend to sell the platform. TikTok promised to appeal to the US Supreme Court, hoping for a decision that could perhaps reverse the previous ruling.

The company argues that the government has not presented concrete evidence that the platform represents a real and imminent danger to national security.

“The Supreme Court has a strong record of protecting Americans’ right to free speech, and we hope it will do the same on this important constitutional issue.”said company spokesman Michael Hughes. “Unfortunately, the TikTok ban was designed and promoted based on inaccurate, flawed, and hypothetical information, resulting in direct censorship of the American people. The ban, if not stopped, will silence the voices of more than 170 million Americans in the U.S. and around the world on January 19, 2025.”

TikTok users also expressed their dissatisfaction on social media. Many criticized the idea of ​​a forced sale or possible acquisition by American companies, fearing changes that would compromise the platform’s identity.

If the Supreme Court rejects TikTok’s appeal, the ban could be imposed starting January 19, 2025, the day before the next United States president is inaugurated. Interestingly, former President Donald Trump, who tried to ban TikTok in his previous term, now opposes the idea, fearing to strengthen Meta and its CEO, Mark Zuckerberg, his political rival.

Fonte: CNN Business