TikTok, along with its Beijing-headquartered parent company ByteDance, has filed a lawsuit in the US federal court aimed at blocking a law recently signed by President Joe Biden, reported Reuters. This law mandates the divestiture of the popular short video app or imposes a ban, a decision that has stirred considerable controversy. The lawsuit, lodged in the US Court of Appeals for the District of Columbia Circuit, contends that the law breaches several provisions of the US Constitution, notably encroaching upon the First Amendment's protections of free speech.
This legislation, signed by President Biden on April 24, sets a deadline of January 19 for ByteDance to offload TikTok, failing which it faces a potential ban.
Highlighting the gravity of the situation, the companies assert, "For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban."
Divestiture Not Feasible
Citing practical and legal constraints, the lawsuit argues that the mandated divestiture is not feasible, raising concerns about the imminent shutdown of TikTok by January 19, 2025, thereby impacting the platform's vast user base of 170 million Americans.
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The White House's stance on the matter emphasises the desire to curtail Chinese-based ownership over concerns of national security. However, both the White House and the Justice Department refrained from commenting on the lawsuit.
This legal battle marks TikTok's latest effort to thwart attempts to shut down its operations in the United States. Meanwhile, competitors like Snap and Meta are eyeing TikTok's political vulnerability to seize advertising market share.
Driven by fears among US lawmakers regarding data privacy and national security, the legislation swiftly gained bipartisan support in Congress. TikTok vehemently denies allegations of data sharing with the Chinese government, dismissing them as "speculative" in nature.
Krishnamoorthi Advocates For Legislation
Representative Raja Krishnamoorthi, a prominent Democrat on a House committee focusing on China, advocates for the legislation as a crucial step in addressing national security concerns associated with ByteDance's ownership of apps like TikTok. He urges ByteDance to initiate the divestment process promptly.
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Under the new law, major app stores like Apple and Google are prohibited from offering TikTok, and internet hosting services are barred from supporting it unless ByteDance complies with the divestiture requirement by January 19.
The lawsuit sheds light on ByteDance's ownership structure, revealing that 58 per cent of the company is owned by global institutional investors, 21 per cent by its Chinese founder, and the remaining 21 per cent by its employees, including approximately 7,000 Americans.
In essence, the legal battle between TikTok, ByteDance, and the US government underscores the complexities of navigating national security concerns in the digital age while safeguarding fundamental principles of free speech and commerce.