On Monday, TikTok and its parent company ByteDance sent a lawyer to the US federal appeals court to counter an imminent U.S. ban on the short-form video app. The American law in question aims to ban TikTok as soon as 19th January on account of conspiring with the Chinese government to exploit users’ data through the app. A three-judge panel of the U.S. Court of Appeals for the District of Columbia paid heed to TikTok’s arguments against the legislation.
Our CEO Shou Chew’s response to the TikTok ban bill: pic.twitter.com/7AnDYOLD96
— TikTok Policy (@TikTokPolicy) March 13, 2024
The two companies, TikTok and ByteDance, have denied any affiliation with the Chinese government on multiple occasions. TikTok and ByteDance’s lawyer Andrew Pincus told the court that “this law imposes extraordinary speech prohibition based on indeterminate future risks,” spotlighting the “unconstitutional” agenda that drives this national debate. When claims of Chinese ownership presented themselves in court, Pincus reminded the judges that “the owner of TikTok is ByteDance Limited, a Cayman Islands holding company.”
Pincus categorically addressed every allegation against TikTok by the U.S. court. Judge Sri Srinivasan presented Pincus with a “hypothetical” worst scenario where the U.S. is at war with China, and whether Congress would hold the power to bar foreign ownership of major media outlets operating in the United States. Pincus responded by stating that (in those circumstances) “Congress probably would be able to do so,” but noted that lawmakers did not include that justification in the current law.
Reagan appointee Judge Douglas Ginsburg reiterated that the law is “an absolute bar on the current arrangement of control of the company, not the company itself.” Judge Sri Srinivasan supplemented these claims by emphasizing TikTok’s Chinese origins, making it “subject to Chinese control”.
The BBC spoke to TikTok creator Tiffany Cianci to examine the social impact of a likely TikTok ban. “The American people care about this issue,” she said. “They’re tuning in because they’re worried about losing something.” Cianci highlighted the rampant acceptance of TikTok by American politicians as they gear up for the November elections. “If it were dangerous, they wouldn’t be there,” Cianci added.
Free speech came to the forefront as arguments intensified in court on Monday. In defense of TikTok, Pincus reminded the court that the firm “is not owned” by China. In addition to this fact, several advocates of America’s powerful free speech rights quoted the First Amendment of the US Constitution, arguing a nationwide ban on one platform would “be a gift to authoritarian regimes everywhere.”
At Monday’s hearing, TikTok aimed to secure an injunction to block the law from going into effect. A ruling is scheduled to take place on 6th December which could allow the U.S. Supreme Court to consider any appeal before a ban takes effect. In the event of a Trump re-election, the former president has stressed that “TikTok will not be barred” from strict regulations.
