TikTok is set to begin its legal battle on Monday against a US law that mandates a ban on the app unless its Chinese owner, ByteDance, divests within nine months.
Signed into law by President Biden in April, the measure addresses concerns over the vulnerability of US user data to potential Chinese government exploitation.
TikTok and ByteDance have denied any ties to Chinese authorities and criticized the law as an “extraordinary intrusion on free speech rights.”
The company’s legal team will present their case before a three-judge panel at a Washington DC appeals court, alongside eight TikTok creators who argue that the platform is essential for their businesses.
The Department of Justice (DoJ) will argue that TikTok poses risks related to data security and the potential use of the app by the Chinese government to disseminate propaganda.
However, defenders of free speech, including Xiangnong Wang from Columbia University’s Knight First Amendment Institute, argue that enforcing the divest-or-ban law could set a troubling precedent.
Wang cautioned, “Repressive governments worldwide could use this as a justification to restrict their own citizens’ access to international information and media.”
Wang also criticized lawmakers for not specifying the national security threats TikTok poses, suggesting that such broad restrictions on First Amendment rights are unprecedented without clear, disclosed evidence.
James Lewis of the Center for Strategic and International Studies, however, believes the law was designed to survive judicial review.
“The substance of the case against TikTok is very strong,” Lewis noted, emphasizing that the court will likely focus on whether requiring divestiture constitutes a regulation of speech.
Experts anticipate that the legal proceedings could extend for months, potentially reaching the Supreme Court.
Mike Proulx from Forrester stated, “This is a high-stakes and complex issue that will likely be contested for a long time.”
Source-BBC
