The US government is ready to get rid of TikTok if ByteDance remains the company that owns the US division. The only solution to avoid the veto, according to the regulations, is for them to look for a buyer in the coming months. However, the Chinese firm had an ace up its sleeve and sued the country for its attempted blockade.
Although several entrepreneurs are rubbing their hands over the possibility of buying TikTok in the US. U.S., ByteDance said its sale is not negotiable. As a solution to the threat to ban its video platform, the company has resorted to a complaint in which it accuses the federal government of violating the First Amendment with the new “Protecting Americans from Apps Controlled by Foreign Adversaries Act.”
As they explain in their complaint, “the law is not a prohibition because it offers ByteDance a choice: sell the TikTok business in the US or close”, but they do not offer another option. “The ‘qualified divestment’ required by law to allow TikTok to continue operating in the United States is simply not possible: commercially, technologically or legally.”
The legal battle could delay or halt TikTok’s progress
The regulation was approved by the US House of Representatives with 352 votes in favor (65 against) and was signed into law by President Joe Biden on April 24. With these approvals, the North American country condemned ByteDance to sell its American division or close in the territory. However, the Chinese tech company accused the legislation of being “unconstitutional” and said it would challenge it in court.
“We believe that the facts and the law are clearly on our side, and ultimately we will prevail,” they reported in a post X. The fact is that we have invested billions of dollars to keep American data safe and our platform free from outside influence and manipulation . “This ban would devastate seven million businesses and silence 170 million Americans.”
TikTok’s allegations mentioned in the lawsuit are expected to lead to the launch of a lengthy legal battle that could delay or prevent its exit. At first, the new law passed in the United States gives ByteDance a period of one year to decide (previously there was talk of only three months). But, with a lawsuit, the company would spend more time in the country without the need to sell.
Why does the US want to ban TikTok?
The “Protecting Americans from Apps Controlled by Foreign Adversaries Act” is theoretically not only aimed at TikTok. However, the platform was the main victim, especially because of its huge success in the territory (170 million US users). In fact, it has become known around the world due to the controversy that has generated the possibility that the country will ban the application completely.
The reason why the US does not want its citizens to have access to the Chinese application is the suspicion that it is a danger to national security. However, free speech and digital rights groups are against the rule as it could set an example and lead to further bans. On this, ByteDance also spoke: “If Congress can do it, it can circumvent the First Amendment by invoking national security and ordering the publisher of any newspaper or website it sells to avoid being shut down.”
Faced with the US government’s accusations, TikTok has argued that there is no evidence of these alleged risks to national security. This would pose a problem for the right to information and freedom of expression. That’s what they’re clinging to in their complaint: the lack of facts that show they’re a problem for the security of the US that would go against its own constitution.
