US Lawmakers Give ByteDance 6 Months To Divest TikTok Or Face Ban

Among the lawmakers behind the measure are Mike Gallagher, the Republican chair of the House of Representatives' select China committee, and Representative Raja Krishnamoorthi, a leading Democrat.

Under the proposed legislation, ByteDance would have 165 days to divest TikTok.

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A bipartisan group of US lawmakers presented a new legislative proposal on Tuesday. The legislation targets Chinese-owned company ByteDance, giving it approximately six months to divest its widely-used short video platform, TikTok, or face a ban in the United States. As reported by Reuters, this bill marks the first major legislative action in nearly a year aimed at addressing concerns regarding TikTok's ownership. The proposed legislation comes after previous attempts to ban the app stalled in Congress due to extensive lobbying efforts by TikTok.

Among the lawmakers behind the measure are Mike Gallagher, the Republican chair of the House of Representatives' select China committee, and Representative Raja Krishnamoorthi, a leading Democrat. The bill is slated for an initial vote on Thursday.

Gallagher emphasised the national security implications, stating, "This is my message to TikTok: break up with the Chinese Communist Party or lose access to your American users." He argued that allowing a platform owned by America's adversaries to dominate US media was unacceptable.

Under the proposed legislation, ByteDance would have 165 days to divest TikTok. If it fails to do so, major app stores like those run by Apple and Google would be prohibited from offering TikTok, and web hosting services for ByteDance-controlled apps would be made unlawful.

However, the bill does not target individual users of the app. In response, a TikTok spokesperson criticised the legislation, labelling it as an outright ban and asserting that it would infringe on the First Amendment rights of millions of Americans and small businesses.

'Important And Welcome Step'

The White House National Security Council expressed support for the bill, calling it "an important and welcome step" in addressing national security concerns related to tech services operating in the US.

The American Civil Liberties Union (ACLU) criticised the bill, arguing that it violated constitutional rights. The ACLU accused lawmakers of prioritising political gain over protecting First Amendment rights.

The proposed legislation will undergo further consideration at an Energy and Commerce Committee hearing on Thursday. Committee Chair Rep. Cathy McMorris Rodgers stated that the bill aims to prevent foreign adversaries, particularly China, from exploiting online platforms like TikTok to surveil and manipulate Americans.

TikTok Could Pose Challenges

Despite growing concerns, the popularity of TikTok could pose challenges in passing the legislation, especially in an election year. Last month, President Joe Biden's re-election campaign joined TikTok, highlighting the app's widespread appeal.

If enacted, the bill would grant the president new powers to designate apps posing national security risks and subject them to potential bans or restrictions unless ownership is divested. It would apply to apps with over a million annual active users controlled by foreign entities considered adversaries.

Efforts to address concerns about TikTok's Chinese ownership began in Congress last year, culminating in a ban on federal employees using the app on government devices. Previous legislative attempts to grant the administration powers to ban TikTok and similar apps have not advanced.

In March 2023, the US Treasury-led Committee on Foreign Investment in the United States (CFIUS) reportedly demanded ByteDance to sell its shares in TikTok or face a potential ban. However, no action has been taken so far.

The proposed bill aims to bolster legal authority in addressing TikTok-related concerns, following previous legal challenges to banning the app. Late last year, a US judge blocked Montana's attempt to ban TikTok, citing violations of free speech rights.