KATHMANDU: TikTok has taken a bold legal stance against a newly enacted U.S. law, filing a federal lawsuit on Tuesday challenging the legislation signed by President Joe Biden. The law mandates the sale or prohibition of the social media platform, prompting TikTok to argue that it infringes upon First Amendment rights safeguarding free speech.
Signed into effect by President Biden in late April, the law imposes a tight deadline of less than eight months on TikTok's Chinese parent company, ByteDance, to divest its ownership of TikTok or face a ban. TikTok and ByteDance contend that the forced sale is impractical and unfeasible, both commercially and technologically, and would lead to the silencing of millions of American users who rely on the platform for unique communication channels.
The legislation further restricts Apple and Google from offering the TikTok app, and internet hosting services would be barred from supporting it. The law's genesis stemmed from U.S. lawmakers' concerns regarding potential national security risks posed by TikTok, as it could facilitate China's data collection of American citizens through the platform.
Despite the bill's overwhelming passage in the House, TikTok's lawsuit underscores the complexities and challenges involved in the forced divestment process, particularly in light of the Chinese government's resistance to relinquishing control over TikTok's recommendation engine, deemed crucial for its success in the U.S. Moreover, TikTok asserts its significant investments in data protection measures and its willingness to adhere to stringent security agreements, including a "shutdown option" empowering the U.S. to suspend the app for violations. There remains a possibility for President Biden to extend TikTok's deadline if ByteDance demonstrates progress towards a sale.
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