TikTok sues US administration over looming ban and ownership dispute

The House of Representatives voted on a bill that could lead to TikTok's ban in the United States unless its Chinese owner sells the platform to a company independent of the Communist Party of China. TikTok—an app used monthly by millions of users—is accused of espionage. The platform has already faced penalties in Europe. TikTok representatives warn that this law endangers freedom of speech and could adversely affect millions of businesses and creators in the USA.

Understandably, TikTok is striving to prevent the enactment of this law. It would compel its Chinese owners to sell the app within the coming year or face a ban on its operations in the U.S. According to Tech Crunch, TikTok argues that the law infringes upon the country's constitutional guarantees of freedom of speech and individual rights.

The lawsuit filed by TikTok on Tuesday, May 7, suggests that the United States Congress is unprecedentedly attempting to restrict access to a "unique online community," which includes over a billion people worldwide. "This is a violation of the constitution," the document asserts. This conflict has intensified since President Biden signed a law that, as part of a broader aid package for Ukraine and Israel, authorizes banning TikTok's operations, thereby issuing an ultimatum to ByteDance.

The dispute centres on national security concerns. The U.S. government asserts that TikTok's connections to China threaten national security, as the platform could share American data with the Chinese authorities. TikTok counters these claims, highlighting its investment of approximately £1.6 billion in data protection for its users in the United States. The company also criticizes congressional legislation, emphasizing that it was enacted despite the absence of concrete evidence to support these accusations. According to its executives, the actions are "based on speculation, not evidence," which contradicts the First Amendment.

Selling the platform within 270 days is almost impossible. It is unlikely that the Chinese government would consent to this, as its decision would be crucial for transferring TikTok's algorithms. This means that, under the current legal circumstances, a change of ownership is practically unachievable, and the app could be shut down by January 2025, affecting the communication of 170 million Americans who use the platform.

This case highlights political manoeuvres and concerns regarding the influence of social media on public opinion, raising questions about the future of online space freedom for dialogue and expression.