Washington: TikTok could disappear from app stores in the United States as soon as Sunday after the Supreme Court upheld a ban enacted by legislators over national security concerns about the Chinese-owned social media application.
The law, carried by Congress and signed by President Joe Biden in April, arises from fears shared by many western allies that user information could end up in the hands of the Chinese government through TikTok’s Beijing-based parent company ByteDance.
A content creator wears a “Keep TikTok” button outside the US Supreme Court in Washington.Credit: Bloomberg
It required ByteDance to divest from TikTok in the US by a deadline which comes on Sunday, January 19, Biden’s final day in the office. The company challenged the law on the grounds it violated free speech rights under the First Amendment, but on Friday the Supreme Court rejected those arguments and upheld the imminent ban.
“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,” the court said in a unanimous opinion.
“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.”
However, with the inauguration of Donald Trump as president on Monday, the app’s immediate future remains under a cloud. Trump, who previously supported a ban, changed his position during the 2024 election campaign. He subsequently filed a brief to the court saying he opposed the ban and calling for a pause.
There was speculation in the weeks leading up to Friday’s decision that Trump would direct officials not to enforce the law, although technology firms may decide to remove it from app stores anyway for fear of facing penalties. Trump’s pick for attorney-general, Pam Bondi, refused to discuss what she would do about the matter during her confirmation hearings this week.
Trump said on Friday morning, US time, that he had just spoken to Chinese President Xi Jinping and canvassed TikTok, though he did not expand on what that entailed.
“The call was a very good one for both China and the USA. It is my expectation that we will solve many problems together, and starting immediately,” Trump posted on TruthSocial. “We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!
The Biden administration indicated it would not enforce the ban during its last hours in power, leaving the matter to Trump. However, the law as passed by Congress and signed by the president stands.
CNN quoted a Biden administration official: “Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement.”
TikTok would not disappear from users’ phones if the ban comes into effect. But it would not be available for download, and users would not be able to update it, meaning it would degrade.
More to come
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