TikTok CEO Shou Zi Chew in Washington DC., in March 2024, testifying before the House Energy and Commerce Committee (photo by Chip Somodevilla/Getty Images)
Cover TikTok CEO Shou Zi Chew in Washington DC., in March 2024, testifying before the House Energy and Commerce Committee (photo by Chip Somodevilla/Getty Images)
TikTok CEO Shou Zi Chew in Washington DC., in March 2024, testifying before the House Energy and Commerce Committee (photo by Chip Somodevilla/Getty Images)

What this means for TikTok days before the ban is scheduled to go into effect

With a January 19 deadline looming, the wildly popular social media app TikTok faces an existential crisis as it faces a ban in the United States. At the heart of this high-stakes drama is the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which requires TikTok’s parent company, ByteDance, to sell its U.S. operations or face an outright ban.

Also read: TikTok ban: Why this remains a challenge to fully implement

While lawmakers cite concerns about potential Chinese government access to user data, TikTok staunchly denies the allegations, pointing to its rigorous data protection measures and global transparency efforts.

Now, a week after the US Supreme Court held oral arguments where the company claimed that the is a breach of Americans’ right to free speech, the court has handed down its decision upholding the new law. This clears the way for the ban to go ahead on Sunday. As the clock ticks, all eyes are on TikTok and the geopolitical chessboard this saga represents.

What did the Supreme Court say in its ruling?

In an unsigned, unanimous decision, the Supreme Court acknowledged both sides of the argument, but ultimately decided to side with the government. The ruling reads: “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. 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…[W]e conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

What will happen if and when the TikTok ban goes into effect on January 19?

Unless ByteDance finds a buyer for its US operations, TikTok would be removed from US app stores, halting new downloads and updates. For existing users, a slow decline in app performance is expected as updates cease. Video creators who monetise their uploads will need to shift to other platforms.

Also read: Is banning TikTok—and other social media—the right way to protect children?

What are the arguments for and against the TikTok ban?

The case resonates beyond the US, as it raises complex questions about how democracies balance security concerns with the freedoms associated with open digital platforms.

The Biden administration has painted the ban as essential to safeguarding national security, arguing that the government cannot ignore the possibility of foreign adversaries exploiting American users’ data. 

TikTok, however, views the ban as a violation of First Amendment rights. The company has argued that the app empowers millions with a platform for creativity, education, and self-expression, and removing it would not only silence content creators but also undermine constitutional freedoms.

Could a sale be the solution?

President-elect Donald Trump has hinted at a potential compromise: a sale of TikTok’s US operations to a non-Chinese entity. In the meantime, billionaire Frank McCourt has initiated a movement called Project Liberty, which is trying to build a consortium to purchase TikTok and “rearchitect the platform to put people in control of their digital identities and data”.

Earlier this week, popular YouTuber MrBeast got in on the bandwagon and said—perhaps jokingly—that he was going to buy TikTok.

While a sale might assuage some lawmakers’ concerns, its success hinges on ByteDance’s willingness to divest and whether the new ownership structure would fully mitigate perceived risks.

 

What’s ahead, and will a US TikTok ban affect users elsewhere in the world?

Citing anonymous sources, Washington Post reported earlier this week that president-elect Donald Trump is considering using an executive order once in office to give TikTok a reprieve of 60 to 90 days, buying time for his administration to find an alternative option. Sharp-eyed observers have also noted that TikTok CEO Chew Shou Zi is scheduled to attend Trump’s inauguration, which is scheduled on January 20, a day after the ban is due to take place.

For TikTok, a ban could mean expulsion from its second-largest market. For policymakers and tech leaders, it marks a pivotal moment in defining how nations regulate the intersection of digital innovation, security, and personal freedoms.

As the case unfolds, the stakes remain extraordinarily high. This landmark case will shape not only TikTok’s destiny but also the broader narrative of technology’s role in a geopolitically fragmented world.

This story has been updated to include the decision handed down by the Supreme Court of the United States on January 17.

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