TikTok strikes back: ByteDance fires legal salvo against US ban

TikTok and its Chinese parent company, ByteDance, have taken a decisive legal stand against a newly passed American law poised to potentially ban the popular video-sharing app in the United States unless it undergoes a change in ownership. Filed on Tuesday, the lawsuit contends that the law unfairly targets TikTok, dubbing it an unprecedented assault on free speech.

In its legal challenge, ByteDance asserts that the legislation ambiguously frames its ownership of TikTok as a national security menace, thereby sidestepping constitutional protections.

ByteDance reluctant to sell TikTok, despite US order

Despite the absence of concrete evidence suggesting any threat posed by the company, ByteDance contends that the law, signed by President Joe Biden as part of a broader foreign aid package, marks an unprecedented move by the U.S. to single out a social media platform for potential prohibition, echoing methods employed by repressive regimes.

The legal battle could escalate all the way to the Supreme Court, underscoring the high stakes involved in TikTok's future in the U.S. Should TikTok fail to prevail, the company warns of a looming shutdown next year.

Central to the legal dispute is the law's mandate for ByteDance to sell TikTok to a U.S.-approved buyer within a nine-month window. ByteDance, however, has stated its reluctance to sell TikTok, highlighting the necessity of approval from Beijing for any potential divestiture.

As outlined in the lawsuit, the Chinese government's stance suggests a reluctance to permit ByteDance to transfer the algorithm crucial to TikTok's functionality in the U.S.

Divestment would disrupt TikTok's core structure

Challenges to the law extend beyond ownership concerns, with TikTok and ByteDance contending that compliance would necessitate a logistical and technological overhaul that's neither feasible nor legally viable. Divesting TikTok as a separate entity, the lawsuit argues, would fracture its global user base and disrupt its core operational structure.

The lawsuit also invokes constitutional protections, particularly the First Amendment's safeguard of freedom of expression, seeking a declaration of the law's unconstitutionality.

In response, the Justice Department refrained from commenting on the suit while the White House and lawmakers grappled with the broader implications of the U.S.-China rivalry, particularly in the realms of technology and data security.

Representative Raja Krishnamoorthi, a Democrat from Illinois, defended the law as a necessary step to address national security concerns, urging ByteDance to commence the divestment process.

Source: Newsroom